October 2010 Archives

Orange County Fathers Can See Both Hope and a Warning in Fathers' Rights Victory

October 30, 2010, by David P. Schwarz

A South Carolina man's child custody victory in an upstate New York court Friday is both a heartening sign for Orange County fathers facing custody cases that cut across state lines. It also, however, offers a sobering lesson in just how much of a battle dads can face when they seek to claim their Orange County fathers' rights.

According to newspaper accounts in both New York and South Carolina, a court in New York's Warren County (a mostly-rural area north of Albany) awarded Johnny Smith of Conway, South Carolina full custody of his five-year-old daughter this week after a legal battle lasting more than two years. What has to be shocking for Orange county fathers is that this took so long despite the fact that the little girl was abused while in her mother's custody in 2008 - an offense for which the mother served a year in prison.

Warren County NY did not seek to return the girl to her mother. The Albany Times-Union reports that the mother did not even contest custody. The county, however, argued that Conway's daughter should remain in foster care rather than being reunited with her dad because "all of her medical, educational, mental health and emotional needs are being met" inside New York's foster care system, according to the Myrtle Beach Sun-News. According to the Times-Union, Warren County sought to keep the girl in New York indefinitely because it believes Johnny Smith and his current wife are "financially fragile."

Orange County fathers watching this case are likely to see it as just another instance of a legal system that often appears to be stacked against them. Indeed, while the Smith case does show that justice can prevail when father's rights are in danger, it is also a reminder of how lengthy and emotionally consuming a process asserting those rights often is. When a case this seemingly clear-cut can drag on for more than two years, what hope is there for a father whose case may be more ambiguous - especially if the mother actually does contest child custody? Moreover, when a case, like Smith's, involves more than one state things immediately become more complicated and often move at an even slower pace.

In such cases finding the right Orange County fathers' rights lawyer can be a challenge. It is important to seek an attorney whose practice has dealt with inter-state custody disputes in the past - a lawyer who is uniquely prepared for the special complications, and frustrations, often presented by fathers' rights and parental alienation cases, whether they are based here in Orange County or stretch across the country.


Albany Times-Union: Father's custody quest now fulfilled

Myrtle Beach Sun-News: Judge: Conway father can return from N.Y. with 5-year-old daughter next week

Christina Aguilera's Lawyers Raise Questions About Judge in Los Angeles Divorce

October 26, 2010, by David P. Schwarz

Our blog has already touched on Christina Aguilera's divorce but a new development this week merits revisiting the story. According to TMZ and several other celebrity-tracking websites the pop star's attorney has filed a motion seeking to have the assigned Los Angeles family law judge, Elia Weinbach of the Los Angeles Superior Court, dismissed from her Southern California divorce case.

Details of the petition filed by Aguilera's legal team have not been released. This new development, however, highlights the importance of experienced representation for anyone embarking on a Los Angeles or Orange County divorce proceeding. Even clients who are familiar with the ins and outs of the court system are rarely familiar with individual judges in the way local attorneys are. An experienced Orange County divorce lawyer, once familiar with the details of a client's case, is in the best position to know whether the judge assigned to oversee a particular action is well-suited to the task, or whether he or she may have a conflict of interest that warrants a request for recusal.

In Aguilera's case, a divorce action that has barely begun already looks as though it may become drawn-out and contentious. Aguilera and her husband, Jordan Bratman, have been married for five years. In an interview cited by the website Singers Room.com, Aguilera is reported to have said that the break-up has not been easy. "There have been a lot of tears and sadness," she said. The singer also said, however, that "out of respect for my husband" she planned to keep details of their California separation private. According to another celebrity website, ContactMusic, the couple have a two-year-old son.

Few divorces are truly easy, and no two are alike. That fact alone speaks to the importance of retaining an experienced Orange County divorce attorney as soon as you believe your relationship is headed for a break-up. The legal expertise, and specialized knowledge of the Orange County or Los Angeles family courts, that an Orange County divorce lawyer can apply to your case offers peace-of-mind at a time when many men and women find they most need confident, steady legal assistance.


ContactMusic.com: Aguilera's Lawyer Seeks to Disqualify Divorce Judge

Singer's Room: Christina Aguilera's Team Wants New Judge in Divorce Case

Over $100K in child support debt collected in the Virgin Islands

October 26, 2010, by Winiviere G. Sy

A court in the Virgin Islands along with the Royal Virgin Islands Police Force have joined forces and collected in excess of $100,000.00 in outstanding child support debt since launching the "Pay or Go to Jail" program about two months ago. The program was implemented as a result of fathers who have failed to pay their child support payments.

Since August of this year, 112 warrants in default for nonpayment of child support have been issued by the Court. Further, to date, 86 men have made payment, in many cases as a result of their arrest.Those arrested are then released from custody immediately upon payment in full of outstanding monies.

The monies collected are then disbursed to the mothers for their children. Currently, only two individuals, who owe in excess of $10,000 and $20,000 respectively, remain in custody. To date $104,452.00 has been collected.

Like the Virgin Islands, here in Southern California, failure to pay child support could result in jail time, although it is rare. Instead, other measures such as withholding a passport or a driver's license are used in getting payors to pay their child support debt.

If you have a child support issue in Los Angeles County or Orange County, contact an Orange County child support lawyer for more information.

Source: Over $100K Collected in Outstanding Child Support

Young Mother Murdered after daring to Divorce husband

October 25, 2010, by Winiviere G. Sy

Last November, a young mother was hacked to death (on her husband's orders) for allegedly daring to divorce him. The trial of the attackers and the husband has finally begun. Apparently, the husband, Harpreet Aulakh, offered £5,000 to other Punjabi men after she had started divorce proceedings.

The young mother, Geeta Aulakh, 28, was attacked outside the Greenford home of the babbysitter of her young children. The killers were lying in wait, knowing exactly where she would be and when to strike her on her way home from working as a receptionist at Sunrise Radio. This is clearly a case of premeditated, first degree murder.

It is unfortunate the people will go to the extremes of murder just because someone files for divorce or contemplates the idea of divorce. There are certainly other options such counseling and therapy if one party does not want the divorce. These options enable the couple to work out their difference and discuss the issues with a third party. Sadly, the people who hurt the most in these situations are those children. With their father in custody and their mother dead, the children will likely be subject to a guardianship proceeding to determine who will care for them without their parents.

An Orange County divorce lawyer can assist in any divorce or guardianship matter. Murder is not a way to resolve things.

Source: Young mother left dying on the street with severed hand on husband's orders

Orange County Divorce for 'Real Housewife' Vicki Gunvalson

October 22, 2010, by David P. Schwarz

A few weeks ago the obvious Southern California divorce storyline in Bravo's "Real Housewives" franchise involved the network's decision to cast Kelsey Grammar's soon-to-be-ex-wife, Camille, as part of the Beverly Hills version of the show. This week, however, word broke that Vicki Gunvalson, a cast member of the longer-established Orange County edition, filed for an Orange County divorce from her husband Donn, becoming the second member of the show's cast to start marital dissolution proceedings this season.

In that contradictory way that sometimes seems to make sense only in the entertainment industry, Gunvalson gave an "exclusive" interview about her Orange County divorce to US Magazine in which she explained that "we want to keep this as private as possible." One paragraph after that quote the magazine noted that "Gunvalson also addressed the split on her official Facebook page."

At moments like this it usually bears repeating: the more public you insist on making your divorce, the harder it is likely to be to make the process smooth and amicable.

The advice offered by an Orange County divorce lawyer can be especially valuable at times like these. With expertise in the complexities of both family law and the court system an experienced Costa Mesa, Anaheim or Santa Ana divorce attorney can help clients find the strategy most likely to protect their interests and to ensure that they receive everything they deserve. In doing so, your attorney can also help alleviate concerns or frustrations that might otherwise manifest themselves in public outbursts like the ones I have documented in this blog over the last few months - outbursts that will not necessarily help your cause.

This applies as much to the issue of child custody and visitation as to the division of a couple's material assets. Issues that can become emotional are best handled with legal representation that is both skilled and compassionate. Giving careful thought to both the public and the private aspects of your Orange County divorce and working closely with an experienced Orange County divorce attorney is the approach that stands the best chance of bringing you smoothly through what can often be one of life's most difficult passages.


US: OC Housewife Vicki on Divorce: "We Tried"

People.com: Vicki Gunvalson of Real Housewives files for divorce

Russell Brand refuses to sign Prenuptual Agreement prior to marrying Katy Perry

October 21, 2010, by Winiviere G. Sy

Russell Brand and Katy Perry are set to get married this weekend in India. According to reports, Brand refuses to sign a prenuptual agreement before the ceremony. During a recent New York Times event, Brand stated that he does not want anything to spoil the big day, including a legal contract that will protect his assets in the event of a divorce. Brand states "[i]t ain't about selling the pictures, it ain't about doing no pre-nup," "It's like a normal thing."

Brand also stated "I'm trying to preserve and make it a beautiful thing," Brand said at the New York Times event. "I want to make our wedding just about me and her loving each other. We want to get married in front of our friends and family and keep it normal."

Given the slew of celebrity break-ups this past year alone, it wouldn't be a bad idea if Brand changed his mind and decided to have Perry execute a prenuptual agreement. However, considering their wedding is this weekend, pursuant to California law, they would not have sufficent time to enter into an agremeent even if he wanted to. Perry would need at least seven calendar days to review the agreement upon its final presentation to her. That's not going to happen if these two intend to marry this weekend.

The couple also have an opportunity to enter into a post-nuptual agreement if they want to enter into an agreement on how to divide their marital estate in the event of a divorce.

If you are contemplating marriage but are unsure about whether you need a prenuptual agreement, contact an Orange County divorce lawyer for more information.

Source: Russell Brand ready to marry Katy Perry without pre-nuptual agreement

Los Angeles Divorce for Kelsey Grammer

October 20, 2010, by Winiviere G. Sy

Last week Bravo debuted the premiere of "Real Housewives of Beverly Hills". One of the housewives on the show is none other than Kelsey Grammer's soon to be ex-wife, Camille Grammer. Now, Camille Grammer has filed for divorce in a Los Angeles County court citing "irreconcilable differences".

Reports are alleging that Kelsey did not want Camille to do the RHOBH show. Other reports state that Kelsey had an affair with a much younger woman and that woman eventually became pregnant but later miscarried. Camille has now stated that "I'm glad that I decided to do the show because it's been a diversion," Camille said in an interview with the associated press [via PopEater]. "I have these wonderful, five, very strong, successful women right there supporting me through this." No matter who you are, rich or poor, famous or not, divorce can be a stressful experience. Having a strong moral support system with friends and family will make the divorce experience smoother.

In instances where the marital estate is substantial, its not a bad idea to implement a prenuptual agreement to determine how assets should be disposed of in the event of a divorce. An Orange County divorce lawyer can assist you in any family law or divorce matter you may have.

Source: Kelsey Grammer Divorce: Camille Grammer Sites Irreconcilable Differences

Jessalyn Gilsig Southern California Divorce Follows Long Separation

October 19, 2010, by David P. Schwarz

In a case of life imitating art, several celebrity websites are reporting that Glee actress Jessalyn Gilsig and her husband, Bobby Salomon, have filed Los Angeles County divorce papers. Ironically, as Contact Music notes, Gilsig's character on the hit TV show also recently signed divorce papers.

According to Contact Music Gilsig and Salomon, a film producer, have known each other since high school (presumably quite some time ago - she is 39, according to Monstersandcritics) but married only in 2006. They have a four year old daughter. A publicist for Gilsig reportedly told E! News that the couple's split is amicable.

Perhaps more surprising is the news that the couple have been separated for a year and that even the divorce papers were filed almost six weeks ago - surprising if only because the celebrity-tracking websites rarely take that long to dig out public documents concerning high-profile break-ups.

While few details of the LA divorce have made it into the public domain, one could argue that Gilsig and Solomon's success at keeping their separation and subsequent Southern California divorce out of the press until now is a good argument for a careful approach to the legal complexities of a Los Angeles or Orange County divorce.

Even an amicable split can be a lengthy and emotionally draining process. Developing a close, professional relationship with an experienced Los Angeles or Orange County divorce lawyer at an early stage of the break-up can be a key step that smoothes your way through the family court system. An Orange County family law attorney can help you through every step of the process, addressing issues of legal separation, child custody, the division of assets and the precise wording of the final divorce settlement.


ContactMusic: Jessalyn Gilsig and Husband Separated Almost a Year Ago

Monsters and Critics.com: Jessalyn Gilsig files for divorce from hubby Bobby Salomon

Details of Morgan Freeman's Divorce

October 18, 2010, by Winiviere G. Sy

Could Oscar winner, Morgan Freeman's divorce result in one of the biggest payouts in divorce history? The National Enquirer is reporting that Morgan was forced to pay his ex-wife, Myrna, over $400 million in cash and real estate. It was back in July of 2008 that Morgan was outed by the National Enquirer for cheating on his wife with a former school teacher. At or about the same time, Morgan was purportedly having an affair with his 27 year old step-grand daughter.

Morgan's divorce from Myrna was finalized in Mississippi on September 15, although the details were sealed from the public by a Tallahatchie County judge.

It was originally speculated that Myrna would receive a $170 million settlement, but a source says she got much more - a whopping $400 million. If its true, that would be the fifth-largest divorce payout ever.

From an Orange County divorce lawyer's perspective, it is quite an expensive task to go through a divorce. It costs parties, thousands, if not, millions of dollars to end a marriage for a couple with substantial assets like the Freemans. The division of assets is not simple. Sometimes, if businesses are involved, forensic accounts will likely have to retained. Further, appraisers will have to be involved in the valuation of real property.

Regardless, if you are contemplating a divorce, consult an Orange County divorce lawyer for more information.

Source: Freeman Divorce Secrets

Why Debt is Often a Complicating Factor in Orange County Divorce

October 16, 2010, by David P. Schwarz

A fascinating article recently published on the Fox Business website looks at the complex ways in which debt can effect marriage and divorce here in California and elsewhere. As the article notes, "any debts incurred" during marriage or residence in a community property state, such as California, "are considered jointly owned, regardless of who spent the money or why."

The article is an advice column, and the author was responding to a specific question regarding a surviving spouse's responsibility for debt incurred by the other person in the marriage in the event of that person's death. As the column noted, the couple in question are separated.

Though focused on death, questions like these are also relevant to many California divorces. Sorting out assets and debt obligations can be one of the most complex elements of the Orange County property division required under California's community property laws as part of a California divorce. Issues such as these can be one of the most challenging aspects of negotiating a Los Angeles or Orange County divorce.

For example, what if a couple have been separated for some time and one partner lives outside California, in a state where community property is not the law? How do assets acquired after a separation but prior to a divorce factor into community property? How do you divide an interest in retirement funds or an on-going business? These, and many other complicated questions, require the assistance of an experienced Orange County divorce lawyer - someone familiar with both the letter and the spirit of the law, and who will vigorously defend your interests throughout a legal process which can become drawn-out, and is often confusing for the layperson.

Even couples who are not seeking to end their relationship are often well-advised to spend some time with an Orange County family law attorney. A skilled practitioner can assist with prenuptial agreements or other legal instruments designed to ease your way through the court system whether your partnership ends in divorce or the death of one spouse or partner after many long and happy years.


Fox Business: Separate in Marriage, but Joined in Debt?

Pop Star Christina Aguilera files for Divorce

October 14, 2010, by Winiviere G. Sy

Pop star Christina Aguilera has filed for divorce today, according to TMZ. Aguilera is requesting that the division of the parties assets be divided in accordance with the parties' premarital agreement. What is interesting to note in the Petition is that Aguilera is requesting that all of her earnings and accumulations earned "during marriage" be considered her separate property. As you we all know in California, the general rule of law is that all earnings, accumulations earned during the marriage is community property unless specifiied otherwise.

It's a good thing Ms. Aguilera prepared and protected herself in the event of a divorce. If the prenuptual agreement says that her earnings earned during her marriage remain her separate property, then she will not have to split 50% of it with her husband.

Another interesting tidbit set forth in the Petition is that Ms. Aguilera is requesting that the court terminate Bratman's ability to obtain spousal support. I am assuming the parties prenuptual agreement likely spells out Bratman's entitlement to spousal support.

Finally, Ms. Aguilera is requesting that the parties share joint legal and joint physical custody of their son, Max, meaning each parent should have custody of Max 50% of the time.

It will be interesting to see how this divorce plays out. Hopefully, it won't get nasty, especially for the sake of their son.

Consult with an Orange County divorce attorney should you have any questions or concerns in seeking a California Divorce.

Source: Christina Aguilera Files for Divorce

Famous Elvis Impersonator gets sent to Jail for failure to pay Child Support

October 14, 2010, by Winiviere G. Sy

Famous Elvis impersonator, Trent Carlini, 48, was arrested last week just before going on stage at the Las Vegas Hilton on a bench warrant for failing to make child support payments, causing cancellation of his show. Luckily, his fans were given refunds after he was sent to jail.

Carlini also failed to attend a Family Court hearing on September 15, 2010, causing the court to issue a bench warrant for his arrest. Deputy District Attorney, Shannon Russell, stated that the warrant covered two months of $3,000 child support payments. As of May 31, Russell said, Carlini was $76,037 behind in his payments.

Bench warrants were issued for Carlini in October 2009 and again in June 2010. However, both were withdrawn without an arrest. The June warrant was withdrawn after Carlini made an $8,000 payment. However, Carllini has failed to make his $3,000 court ordered payments since June, according to Russell.

Had Carlini paid as little as $1,000 per month under a special court program, he could have avoided jail time. Again, let us stress the importance of paying your child support payments when they are due. The consequences of failing to pay for same have disasterous, life-changing effects. Further, once the County is involved in collecting the support, it is even a bigger hurdle to overcome. This is why an experienced Orange County child support attorney is needed in drastic situations as being sent to jail.

Source: Elvis Impersonator Carlini jailed in Vegas

Anaheim Child Abduction May Involve Custody Dispute

October 12, 2010, by David P. Schwarz

An Amber alert encompassing every state between California and Texas is still in effect several days after two small boys were abducted in Anaheim, allegedly by their father and grandfather. According to reports by KABC television, police are still searching for Abraham Fernandez and his father Louis Mendoza Fernandez five days after Abraham's sons, ages four and two, "were abducted in front of their Anaheim home."

The station also reports that a Monrovia man was arrested over the weekend and charged with assisting in the Orange County child abduction. According to KABC, after initially concluding that the men were headed to Texas, their home state, police now "believe that the boys, their father and grandfather may still be in the area."

The boys and their mother moved to Orange County only three months ago. KABC reports that police know the parents are not married but are unclear which parent currently has legal custody of the boys.

While many of the details of this case remain both unresolved and unclear - including, most importantly, the location of the children and whether they are safe - a few things can be said. Even if Abraham believes he has been the victim of a case of parental alienation, abducting one's children is never a good way to resolve Orange County child custody questions.

If you feel that your rights as a father are not being respected an Anaheim or Costa Mesa fathers' rights lawyer can be your most important ally. Navigating the legal system can be a difficult and confusing process. Fathers, in particular, often come to feel that the courts are stacked against them. An experienced Orange County family law attorney can help you craft a strategy that protects your right to a significant and productive relationship with your children, and puts you in the best possible position to win the California custody rights you deserve.


KABC.com: Man connected with Anaheim kidnapping arrested

Resource:
US Department of Justice - Office for Victims of Crime: Parental Kidnapping page

Courteney Cox and David Arquette Split

October 12, 2010, by Winiviere G. Sy

Oh, say it ain't so! Of all the Hollywood couples, I thought for sure Courteney Cox and David Arquette would last. It seems this week is the week of celebrity couple separations and divorce. Two days ago, I heard about the divorce between Ben Harper and Laura Dern, yesterday it was Courteny Cox and David Arquette and today, its Christina Aguilera and Jordan Bratman. Ahh, that's too bad for all the couples. In my opinion, the most shocking of all is that of Courteney and David.

Turns out that although the couple have not officially filed for divorce, David and Courteney are going through a "trial separation". The couple cite the reason for the separation is to "better understand ourselves and the qualities we need in a partner and for our marriage." A trial separation is not uncommon in people on the path to a potential divorce. Sometimes couple separate and reconcile numerous times before actually going through with the final divorce. The biggest legal impact of numerous separations and reconciliations would be the selection of the date of separation and when to apportion assets and debts for purposes of property division. All in all, hopefully individuals who go through a trial separation eventually reconcile. Only time will tell.

In any event, going through a separation or divorce is not easy. It can especially be stressful of children are involved. Contact an Orange County divorce attorney for more information.

Source: Courteney Cox and David Arquette Seprate

Are couples with daughters more likely to divorce?

October 11, 2010, by Winiviere G. Sy

Could a recent study suggest that couples who have daughters be more susceptible to divorce? Turns out that a recent study shows that couples who have sons are more likely to stick it out and work on their marriage. Further, divorced mothers of boys were more likely to remarry and stay remarried.

In 2003, a researcher found that couples with first born daughters were 5% more likely to divorce than parents of a first born boy. When there are as many as three daughters, the percentage increased to 10%. From an Orange County divorce lawyer's perspective, studies suggests that parents of boys are apt to stick it out perhaps because they enhance the marital relationship or make the prospect of a father-less home more frightening. The article also suggests that having boys make for better marital bliss. Would having a son to throw a football around seem more attractive to a biological father? I would think most of these studies would effect more the psychology and emotions of couples and the dynamics of having a boy or a girl when a contemplating divorce.

However, legally speaking, it makes no difference whether a couple has boys or girls when they divorce. People seek divorce for a multitude of reasons stemming from finances to affairs to abuse. Keep in mind that California is a no-fault divorce State, meaning any party can divorce the other without fault of the other.

If you are exploring divorce, contact a Santa Ana divorce attorney for more information.

Source: Couples with Daughters More Likely to Divorce

Los Angeles Mayor is Now Divorced

October 8, 2010, by David P. Schwarz

Local media around Southern California reported this week that the lengthy, slow divorce of Los Angeles Mayor Antono Villaraigosa and his wife Corina is now final. According to the Los Angeles Daily News the couple had been married for nearly 23 years - a relationship that was once so close that when they married in 1987 they merged their original surnames (Villar and Raigosa) into the new name, Villaraigosa, under which Antonio rose to political prominence.

The newspaper reports that the couple weathered a marital storm in 1994. At that time Corina filed for California divorce, suspecting Antonio of infidelity. The paper notes, however, that "the divorce was never finalized, and they were reconciled about 2-1/2 years later."

The timeline that led to this final California marriage dissolution begins in 2007, 13 years after the couple's first divorce filing. Corina petitioned Los Angeles Superior Court at that time, citing "irreconcilable differences." According to KABC television the second filing came following "the revelation of an extramarital affair" on the mayor's part. "Villaraigosa later responded, saying he took the blame for the failure of his marriage," according to KABC. The station also reports that the couple have two children.

The ups and downs of the relationship of LA's 'first couple' and the sheer amount of time between their Los Angeles divorce filing and the issuance of a court decree are a reminder of how difficult and complex the dissolution of a marriage can become. It is also a reminder of why it is so important to be represented throughout the process by a Los Angeles, Orange County or other Southern California divorce and family law attorney.

A skilled Orange County divorce lawyer can help clients through the often difficult task of crafting a California divorce settlement that protects all of their rights, particularly when issues of child custody also come into play. When proceedings become especially drawn-out, the assistance offered by diligent legal counsel can be crucial in allowing you not to become consumed by the legal procedures surrounding your Orange County divorce and giving you the chance to get on with your life.


KABC.com: Mayor Antonio Villaraigosa divorce finalized

Los Angeles Daily News: Mayor Villaraigosa's divorce finalized

NKOTB's Donnie Wahlberg finalizes his divorce with ex-wife

October 5, 2010, by Winiviere G. Sy

Who knew I would be sitting here blogging about New Kids on the Block 15 years after my obsession with them back in the 90s. Well, since this is a family law blog, I have to relate it to a family law somehow. Turns out, one of the members of NKOTB, Donnie Wahlberg, has finally finalized his divorce with his ex-wife Kim Fey. The details of the divorce were not disclosed. However, the parties reportedly filed for dissolution back in August of 2008. At that time, Kim Fey requested that Donnie pay her child support and spousal support. She also requested child custody orders.

In any initial proceeding for divorce, it is not uncommon that upon the filing of a Petition and Summons, that a party request temporary child custody, visitation, child support, spousal support and attorney fee orders. These are called pendente lite orders. Typically, the moving party filing for said orders is usually the spouse that has been supported during the marriage (i.e. homemaker, wife) and will need temporary support pending the divorce litigation.

At any rate, going through the divorce process is not easy. There a lot of issues to consider especially if children are involved. Donnie and Kim have two kids together and both will have to work together to co-parent and raise their kids. Divorce is never easy. If kids are involved, your ex-spouse will be a part of your life until your kids turn 18 and are not in high school.

Either way, if you are contemplating divorce or have any Orange County child custody issues, please contact an Orange County divorce attorney for more information.

Source: Donnie Wahlberg Finalizes Divorce with Wife

Child Support: New Support Group Helps Men pay Child Support

October 5, 2010, by Winiviere G. Sy

This is a clever idea! Initiating a support group for men to help them pay for child support is a step in the right direction. As I previously discussed countless times on this blog, one's failure to pay child support has dramatic consequences. If an obligor fails to pay, the obligor could get his or her driver's license taken away, passport held or even jail time. Yikes! It's not a pretty situation to be in once the Department of Child Support Services takes your license away, Passport away or puts you in jail. Any one of these measures prevents the obligor from actually going out and getting a job to contribute to child support.

Now, the nonprofit Men's Empowering Resource Center has introduced a Responsible Fatherhood Program. The Program will help men meet their child support obligations. According to Alamance County Child Support Enforcement, about 4,800 people in Alamance County are paying child support under a court order, an increase of about 800 cases from last year.

Further, about 61 percent of men who owe child support in the county are making some payment. But another 10 percent are in jail, while the rest can neither be located nor can they make payments for a variety of reasons, according to the enforcement agency.

For more information on child support and your rights in either Orange County, California or Los Angeles, California, contact a Santa Ana child support attorney.

Source: New group helps men pay child support

Mel Gibson's Baby Mama scores additional Child Support

October 4, 2010, by Winiviere G. Sy

Several weeks ago, I blogged about Oksana Grigorieva's request for an increase in child support from Mel Gibson. I advised that the present order for child support sets forth a monthly California child support payment of $5,000 from Mel Gibson to Oksana. Now, it turns out that Oksana will be receiving a healthy $20,000 per month in child support. Reportedly, Oksana requested $60,000 per month in child support.

Let's recap on what factors are used by courts in Orange County and Los Angeles County when seeking child support. The main factors are timeshare and income. Generally, the more time you spend with the child, the less child support you pay. Other factors also come into play such as mortgage interest deductions, hardships if the payor has children from other relationships, filing status, etc.

For more information on your child support rights in Orange County California, contact an Orange County child support attorney for more information.

Source: Oksana Scores Cash in Child Support Case

Los Angeles Divorce In Works for Cameron Crowe & Nancy Wilson

October 3, 2010, by David P. Schwarz

A long-lived Hollywood marriage appears to be coming to an end. According to reports in People Magazine and on a number of celebrity websites, one-time rock star Nancy Wilson has filed papers with a Los Angeles court seeking a California divorce from her husband of 24 years, Oscar-winning film wroter-director Cameron Crowe.

According to People, the couple have been married since July 1986. Wilson, who with her sister Ann co-led the 70s/80s rock group Heart, reportedly cites "irreconcilable differences" as her reason for seeking a Southern California divorce. Crowe is best known as the director of the films Jerry Maguire and Almost Famous (for which he won a screenwriting Oscar in 2001).

According to People, Wilson has requested joint physical and legal custody of the couple's 10-year old twin boys.

An interesting aspect of the break-up is that Wilson's court filing indicates that the couple have been separated for more than two years. Combined with the length of Wilson and Crowe's marriage this can be seen as a reminder that breaking up a long-established relationship is rarely easy. The long separation may indicate that the couple have spent a significant period of time considering whether or not to make their split permanent.

In such situations, the advice and guidance an Orange County divorce lawyer has to offer can be especially useful. Beyond the usual questions of child custody, spousal or child support and the division of assets (with or without a prenuptial agreement), any marriage that has been in place for two decades is bound to present complex, perhaps unexpected, issues that are best addressed with the help of an experienced Los Angeles or Orange County family law attorney.


People: Rocker Nancy Wilson divorcing Cameron Crowe

Zimbio: Cameron Crowe and Nancy Wilson Divorce

Heidi Montag and Specer Pratt call off their Divorce

October 3, 2010, by Winiviere G. Sy

As we reported earlier this year, Heidi Montag filed for divorce from Spencer Pratt. I even discussed what would happen to the disposition of their pets upon dissolution. However, Heidi and Spencer have now allegedly reconciled. Heidi filed a Request for Dissmal of her divorce petition, without prejudice, in court last week.

Filing without prejudice means that at a later date, if she chooses to, she can refile her Petition for Dissolution. From a legal Orange County divorce perspective, filing and refiling a divorce petition will not hurt your case. Legally speaking, the couples' date of separation will change in light of the reconciliation. This will cause the apportionment of the assets to be divided at a different date of separation, should these two decide to divorce at a later date.

If you have an Orange County divorce issue and wish to seek more information, contact an Orange County divorce attorney for more information.

Source: Heidi Montag Calls Off Divorce