Orange County Divorce Lawyer Blog

A bill currently being considered by the California legislature would make significant changes to the way California child dependency hearings are conducted in the state. This crucial aspect of California family law is not widely understood, and merits closer examination.

According to Capitol Weekly, a publication focused on politics and government in Sacramento, hearings in California's dependency courts "are considered "presumptively closed" - that is, members of the public and the press are barred unless a judge feels there is a compelling reason to open a hearing up." Dependency Courts are a special sub-set of the broader California court system that hear cases dealing with the foster care system and with California child custody issues stemming from alleged abuse and/or neglect.

As Capitol Weekly notes, "the rational for having closed courts is to protect vulnerable children." But backers of AB 73, a bill seeking to make dependency court hearings presumptively open, take the view that public scrutiny is essential for preventing miscarriages of justice. The Weekly notes that there is no uniform national standard for openness in dependency courts - only in Oregon and Pennsylvania are dependency hearings always open - but that "the pendulum appears to be shifting towards more open courts" nationally, especially here in the western states. A recent opinion piece in the San Francisco Chronicle put forward the view that greater scrutiny of the dependency courts will provide an extra layer of insurance against ill-considered rulings.

Dependency courts deal with some of the toughest issues facing the California family court system. Issues like alleged abuse and neglect, parental alienation and guardianship questions. For Orange County parents confronted with the need to enter into legal proceedings being sent to a dependency court only adds an extra layer of stress to the already emotionally volatile issues of Orange County child custody, visitation and guardianship.

The assistance of a skilled and compassionate Orange County family law attorney is crucial for any parent confronted with the need to deal with the court system. Dealing with a little-known, and often secretive part of the justice system, such as the California dependency courts, is all the more stressful - and requires the best Orange County family law assistance available.

Capitol Weekly: Attempt under way to open up courts that deal with child abuse cases

San Francisco Chronicle: Impelling Foster Care Reform Through Journalistic Truth

Family Code Sections 3800-3810 provide for a "deferred sale of home order." Such an order temporarily delays the sale of the family home and awards temporary but exclusive use and possession to one of the parties. That party must have sole custody or joint physical custody of one or more of the minor children or of one or more adult children for whom support is authorized under Family Code Sections 3900-3901 (adult unmarried child under age 19 who are full-time high school students and are not self-supporting). The purpose of these types of orders is to minimize the adverse effects of the divorce process on the children's welfare.

These are the factors that the court must first take into consideration whether to defer the sale of the home:

1) Would it be econimically feasible to maintain the mortgage, property taxes and insurance payments on the residence during the period of the deferred sale?

2) Consideration of the resident parent's income, availability of spousal support and child support and any other source of funds to make the payments.

3) Length of time the children have resided in the home.

4) Children's placements or grades in school

5) Accessibility from the home of the children's school and other services or facilities used by them, including child care.

A court's ruling in a Southern California divorce case from San Diego, along with a bill making its way through the legislature in far-away Oklahoma, are bringing new attention to military retirement pay and how it is treated in divorce cases here in Orange County and elsewhere around the country.

According to a press release republished by PR Log, the San Diego case turned on the proper implementation of a 1997 California divorce settlement of a couple in which the husband was in the military. After the ex-husband retired in 2007, the ex-wife alleged, he failed to uphold their agreement.

The California case focused on what were essentially technicalities regarding the drafting and implementation of the original agreement and the wife's contention that these led to her being denied the full portion of her husband's military retirement pay to which she was entitled. If proposed legislation in Oklahoma passes, however, that share could shrink for spouses in future cases - a prospect that has other legislatures paying close attention and has sparked warnings that Oklahoma might become a haven for armed forces members seeking to dissolve their marriages.

The Oklahoma legislation would overrule a long-held federal standard that grants divorcees half of their ex-spouse's military pension. It would give those married less than ten years no right at all to an ex's military pension and would cut off pension payments if the spouse remarried. Even more significantly, it would make the pension distinct from other military benefits, such as danger pay and hostile fire pay, eliminating the ability of non-military ex's to claim a portion of those monies as part of a military divorce.

We will have to watch the Oklahoma legislation closely over the coming months, both to see whether it passes and to judge its effect here in California and in other states. As I have written on previous occasions, military service poses special problems and especially complex legal issues during an Orange County divorce proceeding. Division of assets and child custody issues are often stretched across state lines and can become unusually thorny. It is important for any Orange County divorce lawyer to stay on top of developments, like those in Oklahoma, which have the potential to impact divorcing couples here in California, whether by prompting new legislative moves in our own state, or by creating an apparent 'safe-haven' in which unscrupulous spouses may attempt to hide their assets during a contentious divorce proceeding.

PR Log: The Edmunds Law Firm Earns Favorable Decision in Military Divorce Case

Newson6.com: Proposed legislation on military benefits drawing national attention

I recently read an article here about why it is important for women to have an estate plan. This comes on the heels of an increase in the estate tax exemption from $3.5 million in 2009 to $5.0 million for 2011 and 2012. This means that that when someone passes they generally will not be subject to estate tax unless the amount of his or her investments, property, cash, real estate, etc., (your net assets) is greater than $5 million.

Many wills are drafted to state that the amount of your spouse's assets that will go to your kids in an amount equal to the federal exemption amount ($5.0 million) and the remainder of the assets will go to you. This is fine when the exemption amount was $3.5 million, but it may not work so well at $ 5 million.

For example, say all of the assets accumulated by Husband and Wife are in Husband's name. Further, say that the assets are worth approximately $5 million. Husband passes away and his will dictates that the federal estate exemption amount goes to your children, the remainder to you. Let's do the math.

Total Assets : $5 Million

Amount to Kids: $5 Million

Amount to you: Zero.

People may think that they don't have to worry about estate planning because they do not have asset any where near $5 million. However, you may be wrong. Estate planning is not only about estate taxes. You should all consider what should happens to your assets (including your children) in the event of your demise.

The bottom line of this story is that you all should take time to review your estate plan now, no matter how much or how little you have,

Contact an Orange County divorce lawyer for more information.

Source: Why Women Need an Estate Plan

Ever wonder what would happen if two spouses finalized their divorce, signed the final Judgment papers and discovered that they failed to adjudicate a retirement account? This is an example of an omitted asset.

Pursuant to California Family Code Section 2556, it provides, in pertinent part as follows:

"In a proceeding for dissolution of marriage, ... the court has continuing jurisdiction to award community estate assets or community estate liabilities to the parties that have not been previously adjudicated by a judgment in the proceeding. A party may file a post judgment motion or order to show cause in the proceeding in order to obtain adjudication of any community estate asset or liability omitted or not adjudicated by the judgment."

Hence, if you are a party just finalized your divorce and subsequently discovered that you should have received your one-half community property share in an omitted asset, such as a retirement account, your recourse is to seek immediate court intervention by filing an Order to Show Cause to determine the disposition of said omitted asset. You will eventually receive your one-half community interest in said omitted asset.

In an effort to minimize the frequency of dealing with omitted asset issues, it is required that both parties in a divorce file their respective Preliminary Declarations of Disclosure so that all assets and debts are disclosed to their spouse prior to finalization of a divorce.

For more information on filing for divorce in Orange County or Los Angeles County, contact an aggressive Orange County divorce lawyer for more information.

Rising star Olivia Wilde recently filed papers in Los Angeles Superior Court seeking a Southern California divorce, according to People Magazine. The move follows an announcement earlier this year that she and husband Tao Ruspoli were separating.

Wilde and Ruspoli have been married since 2003 but have no children. Italian-born Ruspoli is a director, described in some media accounts as an Italian prince. According to US magazine the California divorce papers filed in Los Angeles cited "irreconcilable differences" as the reason for the couple's split. A publicist for Wilde told the magazine that the couple have "just grown in different directions." From media coverage of the break-up it is impossible to tell whether the couple have a prenuptial agreement in place.

In what may prove to be a significant development, People reports that Wilde "has asked that the court refuse any spousal support for her husband, but property rights are still to be determined."

The request seems unusual, especially in a community property state where spousal support is commonplace. Wilde and Ruspoli are both high-earning Hollywood fixtures. She is a star of the TV series House and has been in a number of major movies over the last few years. He is a director, albeit not of the sort of films that net the director an eight-figure payday. Wilde's request would appear to be premised on the idea that while she probably earns substantially more money than Ruspoli he is going to be far from destitute once the divorce is complete. Whether he agrees that settling financial matters via a division of property is adequate remains to be seen.

Complex issues like these are exactly the ones an Orange County divorce lawyer can help clients sort through. Every couple's situation is unique. An attorney's job is to get you everything you are entitled to when drawing up a divorce settlement, but to do so, if at all possible, in a manner that involves as little stress as possible.

UPI: Olivia Wilde files for divorce

People Magazine: Olivia Wilde Files for Divorce

Now that the Real Houswives of Orange County season has kicked off, it cannot go without controversy. A few years ago, it was Tamra Barney who became the center of a divorce matter. Now, its VIcki Gunvalson. Ironically, I recall watching the episode where Vicki and her husband jetted off to Turks and Caicos to renew their wedding vows. I guess the renewal could not hold muster as now the Gunvalsons are involved in an Orange County divorce. In fact, Vicki has stated to US Weekly the following:

"We're still living together. We're [mediating] our divorce. We still have our finances co-mingled [and] joint accounts." She went on to say: "My love tank has truly been empty for many many years. We stopped communicating. My happiness came from my work and my children."

From an Orange County divorce lawyer's perspective, it is not uncommon for couples to continue living in the same residence. However, doing so could cause plenty of stress and tension. Often times, one party does not want to move out because they don't want to lose leverage in the divorce and they intend to keep the house after the divorce is over. Another reason could be that one spouse (typically, the stay at home spouse) will not have enough money to move out of the residence. If this is the case, usually that spouse will petition the court for an order that the other spouse pay the stay at home spouse a distribution of funds to be able to initially move out into a separate residence.

Vicki also states that they still share the same joint bank account. Why do couples do this during a divorce? Simply because pending the divorce litigation, the higher earning spouse will have to pay the stay at home spouse temporary spousal support and/or child support pending the divorce action. By giving the stay at home spouse access to the joint bank account, enables the stay at home spouse to pull funds as he or she sees fit to meet their living expenses in order to continue to maintain his or her lifestyle peniding the divorce. Eventually, once the divorce is final, all bank accounts will have to be split and the disposition of the former family residence will have to be resolved.

If you would like more information on filing for divorce in Orange County or Los Angeles County, contact an aggressive Orange County divorce lawyer for more information.

Source: Vicki Gunvalson "Real Housewife of Orange County Talks Pending Divorce"

Even as he embarked on one of the stranger high-profile celebrity media blitzes in recent memory Charlie Sheen, it now seems, was moving forward with a far more conventional Southern California child custody agreement with his third ex-wife, Brooke Mueller.

My colleague Winiviere Sy noted in a February blog post, the Sheen-Mueller divorce was finalized earlier this year. As we have discussed in this space on several previous occasions, however, the formal dissolution of a marriage does not necessarily mean that all outstanding financial and custody issues have been resolved. California law allows judges to end a marriage even as negotiations over a final settlement continue.

According to a recent article in The Hollywood Reporter, the couple's Los Angeles child custody issues have now been wrapped-up. The paper quotes a statement issued by attorneys for both Sheen and Mueller saying the pair have "reached an agreement that resolves their differences." No details of the agreement were released, but its existence moots a court hearing that was scheduled to take place tomorrow. That hearing was originally triggered a week earlier when Mueller obtained a restraining order against the actor after a trip she made with him and two other women to the Bahamas ended badly.

As Contactmusic noted in reporting the incident, the restraining order "effectively stripped the actor of all custody rights concerning the couple's children." The couple have two-year old twin boys. The stormy end of Sheen's marriage to Mueller had already led to his loss of most custody rights and curtailed visitation with the daughters he had with his second wide, the actress Denise Richards.

As an Orange County divorce lawyer, the striking thing Charlie Sheen's messy personal life demonstrates for the rest of us is how important it is to have competent, detail-oriented legal help when pursuing any Los Angeles or Orange County family law matter. Sheen's case is uniquely high-profile, but one need not be a celebrity or have one's personal life dissected on television to find that many family law actions - dissolution of the marriage, a financial settlement, child custody - are simultaneously in progress, all of them at different stages of resolution. Resolving these problems in a way that preserves your rights is an Orange County family law attorney's most important job.

Contactmusic: Brooke Mueller Agrees Custody Deal with Charlie Sheen

Hollywood Reporter: Charlie Sheen, Brooke Mueller Reach Custody Agreement

Singer and actor, Billy Ray Cyrus, has decided to call off his divorce to his wife, Tish. Cyrus reporting that he wants his family to stay together because his family now feels closer than ever. It was back in October of 2010 that Cyrus had filed for divorce from Tish after 17 years of marriage and three children.

Its always a good sign for couples who manage to work out their marital problems and decide to reconcile. It is expecially important if their are minor children involved as children need both their parents in their lives. Luckily for Cyrus, by dismissing his divorce action, he does not have to deal with any issues such as child support, child custody, visitation, spousal support and property division (at the moment). However, in the event Cyrus decides to move forward with his divorce in the future, these issues will have to be addressed and resolved.

Additionally, another issue to watch out for involving couples who separate, reconcile and then decide to separate again is the date of separation. Once you decide that you want to reconcile, this inevitably causes the date of separation to change.

These are just some issues to watch out for involving any Los Angeles County or Orange County divorce action. Contact an Orange County divorce lawyer for more information.

Source: Billy Ray Cyrus drops divorce

Custody of Baby Vanessa, the toddler born in Ohio, raised in Orange County and, for most of her short life, the subject of a complex inter-state child custody battle, was awarded Monday to her adoptive mother, Stacey Doss of Rancho Santa Margarita, according to NBC Los Angeles.

I have been blogging about this story since last summer, because it touches on a number of important issues regarding Orange County child custody rights, adoption and father's rights. Last fall Doss won a significant interim victory when an Ohio court ruled that Vanessa should continue living with Doss while legal proceedings unfolded. Yesterday, however, the custody trial (which also took place in Ohio) ended in a clear-cut victory for the Orange County woman, as she was awarded full custody of the girl she has raised since birth.

Doss adopted Vanessa through legal channels, making arrangements with the girl's biological mother while the latter was still pregnant. In the days immediately following Vanessa's birth, however, it became clear that the mother had lied (under oath, in court documents) when she said she did not know who the child's father was. Benjamin Mills, Vanessa's father, in fact, had two other children with Vanessa's mother. The pair have had an on-and-off relationship marked by repeated instances of domestic violence over many years. The two older children are being raised by Mills' mother, who also sought custody of Vanessa as part of the just-concluded legal proceedings, who has legal custody of Vanessa's older siblings.

According to the Los Angeles Times legal scholars are watching the case closely, believing it "had the potential to go to the Supreme Court to explore the issue of children's rights in foster care situations." As a result of yesterday's ruling Doss now has full custody of the girl but the grandmother will have visitation rights. These will be limited at first, but are expected to grow over time as Vanessa becomes better able to comprehend her situation. Mills, the biological father, will be able to see Vanessa only in limited circumstances. According to NBC LA these meetings will have to take place in public places during daytime hours.

Sorting through complex, emotionally difficult issues like these is never easy. Enlisting the assistance of an experienced Orange County family law attorney can, however, be an essential step toward protecting both your rights as a parent - be it biological or adoptive - safeguarding the child's best interests and maintaining the relationship you deserve with your kids.

Los Angeles Times: O.C. mother wins right to keep Baby Vanessa in a case followed by legal scholars

NBC LA: OC woman will keep Baby Vanessa

Could Ryan Phillippe be involved in a paternity case with a woman he once dated? Phillippe's ex-girlfriend, Alexis Knapp, is reportedly pregnant with a baby due in June of 2011. Phillippe has indicated that he will not submit to a DNA test until the baby is born. It was also reported that Phillippe will support the child if it turns out to be his.

From an Orange County divorce lawyer's perspective, it is not uncommon for a party to wait untll the baby is born to submit to a DNA test. In fact, we have seen many cases where the mother has already filed a paternity lawsuit and a request for child support against the potential father. In this particular case, after father took his DNA test, the results came back negative and the mother dropped the paternity case and request for child support against father. Father was not obligated to pay child support to a child that was not biologically his.

If you are in need of an Orange County or Los Angeles County lawyer to assist you in a paternity case, contact a reputable Orange County divorce lawyer for more information. We handle all matters from divorce, child custody, visitation, child support, paternity, among other issues.

Source: Ryan Phillippe: I'll Gladly Take a DNA Test

With tax time fast approaching this is a good moment to examine some of the ways in which an Orange County divorce can affect one's tax status. A fascinating article posted yesterday on the financial website Smartmoney.com examines the consequences of an obscure IRS provision known as the "Innocent Spouse Rule," touching on its particular role in divorce cases.

Briefly stated, the innocent spouse rule allows one spouse to avoid tax penalties related to a joint return if he or she can plausibly claim to have had no knowledge of what the other was doing in filling it out. As the article at Smartmoney.com makes clear, the term "spouse" can be slightly misleading, since the rule can also apply to divorced couples. That, of course, is good news. One of the sad realities of divorce, be it in Orange county, Los Angeles, San Bernardino or elsewhere, is that dissolving a couple's financial links can sometimes be a more complex process than dissolving the marriage itself.

Smartmoney, for example, cites a case from the 90s in which a woman "was denied an appeal after the IRS wouldn't let her claim the innocent spouse rule over a return prepared by her ex-husband." The point here being that tax obligations incurred during the marriage followed the woman even after her divorce. Smartmoney notes that the law was changed in 2004 to make innocent spouse claims easier to file. That, however, has led to a huge spike in the number of claims made under the law and has led the government, in turn, to view such claims with increasing skepticism.

On another key divorce-related tax issue, the IRS' innocent spouse rule Q&A page notes in several places that anyone whose name is on a joint tax return is responsible for the tax, interest and penalties related to that return - a fact which does not change "even if a divorce decree states that a former spouse will be responsible for any amounts due." In other words: your settlement may say your ex is responsible for the tax penalty, but, as far as the IRS is concerned, that is none of their concern; until someone pays the money you are both liable for it.

Issues such as these illustrate the important role an Orange County divorce lawyer plays throughout the process of dissolving a marriage and dividing up a couple's property. Without careful, detail-oriented legal advice a break-up can prove to have unanticipated, and far-reaching, consequences. An experienced California family law attorney can help clients avoid these pitfalls.

Smartmoney.com: More spouses off the hook for tax mess

IRS Innocent Spouse Questions & Answers Information Page

My favorite '80s sitcom actor, Tony Danza, has filed for divorce from his wife, Tracy Robinson, after a whopping 24 years of marriage. The Petition for Dissolution of Marriage, filed on March 4, 2011, indicate that the parties have been separated since 2006. The parties have two older daughters, ages 23 and 18. This is Danza's second marriage and second divorce.

What can we learn from the Danza divorce? First, the parties were married for 24 years, making it a long term marriage. From an Orange County legal perspective, Danza will likely have to pay his wife lifetime spousal support. I previously discussed the factors in determining California spousal support here. In long-term marriages, the courts will usually retain jurisdiction over spousal support. For short-term marriages, the obligor spouse is only obligated to pay the recipient spousal support for one-half of the length of the marriage.

Since the Danzas have two older children, child custody and visitation issues will not be an issue in their divorce.

For celebrity couples, property division is often times a major issue in divorce as there is usually an accumulation of large assets during the marriage. We shall see how the Danza divorce evolves.

For more information on filing for divorce in Orange County or Los Angeles County, contact and Orange County divorce lawyer for more information.

Source: Tony Danza files for divorce

A recent ruling by an appeals court in Texas is being cited by legal commentators as an important blow for California fathers' rights. The case involves a child custody battle involving a gay couple. Though the ruling came in Texas, the core issues in the case originate here in California and focus on our state's child custody laws. Commentators are calling the case especially important for the ways it may reinforce the rights of adoptive fathers in all parts of the country.

According to an analysis at The Huffington Post the basics of the case are these: A gay couple from Texas traveled to Canada to marry in 2003, and later "registered as domestic partners in California." Because neither gay marriage nor domestic partnerships are recognized in Texas, when they decided to have a child they hired a surrogate in California who was impregnated using sperm from one of the men. "Prior to the child's birth they obtained a pre-birth declaration of parentage under the Uniform Parentage Act, which is lawful in California." Declarations of this kind allow same-sex couples to establish legal parentage prior to a child's birth.

More recently, when the couple broke up, the partner who had provided the sperm attempted to claim sole custody of the child based on his biological link and the fact that Texas does not recognize same-sex unions (and has, in the past, also refused to dissolve same-sex unions contracted in other states). In effect, he claimed that the California declaration of parentage had no validity in Texas and, therefore, he was effectively the sole parent.

Narrowly seen, the Texas court ruling says only that the federal Uniform Parentage Act obliges Texas to recognize the couple's legal California child custody agreement, regardless of their sexual orientation. This has obvious resonance for same-sex couples, but is also potentially significant for adoptive parents caught in complex interstate child custody battles.

The complexities of California child custody law are legion. When other factors make these difficult issues seem intractable a father's best solution is to consult with an Orange County child custody and visitation attorney. Adoptions, same-sex unions and legal decrees from other states can all make a difficult situation seem worse. An experienced Southern California family law expert can offer invaluable assistance in your battle to protect your rights as a parent.

Chelsea Now: California Surrogacy Decree Protects Both Dads, Texas Finds

Huffington Post: "Non-Bio" Gay Dad Prevails in Texas Parentage Battle

I read an interesting article today discussing the complications of divorce and social security benefits. Social security is the primary source of income for 72% of unmarried retirees, most of who are single because they are divorced. In California, federal preemption precludes treatment of social security benefits as community property. Social security must be treated as the employee's separate property. Marriage of Hillerman (1980) 109 CA3d 334, 345. Despite the forgoing, a party may qualify for "derivative benefits" (benefits earned through the former spouse's employment) so long as the duration of the marriage, measured to the date of the parties' marital status is terminated, is at least 10 years.

In other words, if you were married for at least 10 years (status is terminated on or before the 10 year mark) to someone who paid into the Social Security system, you are entitled to a spousal benefit, even if you are divorced from that person. Eligibility does not depend on whether or not you also worked and paid into the system.

Spousal benefits, if claimed at your full retirement age, usually amount to 50% of the wage earner's full benefit. If you claim benefits early, the amount you get is reduced.

If you worked for 10 years and paid into the Social Security system, you also may be entitled to benefits on your own work record. If that is the case you must choose to obtain social security from your own work record or your spouse's -- you cannot claim both. You can, however, claim the one that gives you the most money.

Remarry before age 60
If you remarry before age 60, you lose your ability to claim spousal or survivor benefits based on a former spouse, a communications director at the Social Security Administration says. If you remarry after age 60, all of your rights to spousal and survivor benefits based on your former spouse's record are retained for your lifetime.

Multiple Spousal Benefits
If you are single now but were married to more than one person for more than 10 years each, you may be eligible for spousal benefits based on the earnings records of each of those former spouses.

You do not get to obtain all of the benefits, of course, but you do get to choose the benefit that works best for your situation. So, if one spouse was an executive with maximum Social Security earnings, the next spouse was a low-wage earner and the third worked in a job that didn't earn Social Security credits, you can claim the benefit from the first spouse, which is likely to amount to the most money.

Such social security issues can sometimes get complex. This is why if these issues come up in your divorce, hiring an Orange County divorce lawyer can make these issues feel less daunting.

Source: Divorce can complicate Social Security Claims

A California father is in police custody facing charges of child abduction after allegedly kidnapping his infant son. While this case is unfolding well to the north of Orange County, it is emerging as an object lesson in how a California father who believes his rights have been violated should not act when confronted by legal setbacks.

According to the Associated Press, a statewide Amber Alert was issued last month when 10-month-old Elijah Rivas went missing. The boy's father, Edgar Ramos, age 19, was immediately the central suspect in the case. "Authorities say Ramos took his son... from outside the child's mother's home in Riverdale. The mother had told him she had obtained a restraining order temporarily giving her sole custody of Elijah," the news agency reports.

Area television station KMPH reports that Ramos allegedly took the child to his parents' home near Fresno. His parents eventually convinced him to give up the boy. It was they who called the police. Elijah was not hurt at any time during the incident.

While we assume that the frustration level with one's ex needs to be pretty high before any parent would abduct a child in defiance of a court order, it needs to be stressed that actions like these are never a good idea. Southern California father's rights cases can be difficult, and leave many dads feeling they are fighting an uphill battle against the system. It is important to understand, however, that taking the law into one's own hands almost invariably makes things worse.

Consulting with an Orange County father's rights attorney who can offer detailed, thoughtful advice on California child custody and visitation issues is a far superior approach, whatever one's frustrations with the legal system may be. Having an attorney in your corner who knows the specialized ins-and-outs of Los Angeles and Orange County family law is the best way to ensure that your point of view is represented and your rights are protected by our legal system.

AP via Silicon Valley Mercury News: California man charged with abducting infant son

KMPH.com: Kidnapped Riverdale Child Found Safe in Wasco

Unless you have been living under a rock, you might have heard all the publicity surrounding the halting of production of "Two and a Half Men," child custody and visitation issues surrounding Charlie Sheen and Brooke Mueller and the most recent Los Angeles County restraining order filed by Brooke against Charlie.

In the documents in support of Brooke's request for a temporary restraining order, she asserts that Charlie told her that he wants the $20,000 per month he pays in child support paid back to him. Afterall, Charlie is no longer receiving the $1.2 million per episode paycheck now that he burned his bridges with the creator of the show.

From an Orange County child support attorney's perspective, the obligor/payor cannot simply request that the funds be paid back to him. The formal way to do same would be to file an Order to Show Cause for a modification of child support. That way, the obligor will have an opportunity to obtain retroactivity to the date of the filing of the Order to Show Cause pending the hearing. By filing the appropriate legal paperwork, the moving party can set forth the facts that warrant a reduction in child support (i.e loss of income).

Given the rumors that John Stamos will likely be replacing Charlie Sheen's character on "Two and Half Men", it looks like Charlie may be out of a job, for now. If that is the case, it would not be a bad idea for Charlie to file a request for a downward modification in child support. Only time will tell.

For more information on how to modify an existing child support order, contact an Orange County child support attorney for more information.

Source: Charlie Sheen Seeks Reimbursement of Child Support After Losing TV Salary

Certainly, its not a good example to your children to get caught and subsequently jailed for public intoxication. This was the case for pop star, Christina Aguilera. Apparently, Aguilera was arrested for public intoxication early this morning and jailed for her own safety until she recovered. Her boyfriend, Matthew Rutler, was also arrested for investigation of DUI. It turns out that Aguilera was a passenger in a car driver by Rutler. The car was pulled over at 2:45 a.m. as deputies noticed the vehicle driving erratically.

I previously blogged about the divorce battle Aguilera has been involved in here. Earlier this year, it was reported that her divorce was finalized.

Now, given the finalization of her divorce and her recent public intoxication episode, I wonder if Aguilera's ex-husband will petition the court for a modification of child custody and visitation. Child custody and visitation orders are usually modifiable unless there has been a Montenegro order that is set forth in the Judgment. This means that the prior custody order is a final order.

From an Orange County divorce lawyer's point of view, we have seen this type of scenario one too many times. One party gets sent to jail (usually for harsher crimes such as drug use) and the other parent wants to seek a modification of the prior order in light of same. It will be interesting to see what happens, if anything.

Let Aguilera's recent arrest and public intoxication be an example to all parents to use good judgment, especially if they have children that will eventually be affected. Contact an Orange County divorce lawyer for more information.

Source: Christina Aguilera Arrested, Jailed for Her Safety

As though troubled star Mel Gibson did not have enough problems, what with his widely publicized obscenity-filled tirade against former girlfriend Oksana Grigorieva, it has now emerged that the actor's divorce from his first wife, Robyn, is still not final.

According to the website ThirdAge.com, the couple filed for divorce nearly two years ago, seeking to end their 28 year marriage. It had been widely assumed that the couple's settlement was final by now, especially since, as the website puts it, "the divorce was considered amicable at the time." It is now, however, emerging that the couple are still only in the early stages of working out a mutually-agreeable settlement. Gibson and Robyn did not sign a California prenuptial agreement prior to their marriage, so, according to our state's community property laws, Robyn is entitled to half of the estimated $1 billion in assets Mel acquired during their nearly three decades together.

Two years after filing for their Southern California divorce, however, Mel has "only recently submitted s settlement proposal to Robyn," ThirdAge reports. According to the website Mel's increasingly loud and bitter Los Angeles, California child custody battle with Oksana "keeps taking precedence over his divorce from Robyn." The website's unnamed source says Mel and Robyn "keep getting continued and they're not expected to be back in court until at least April, now."

It goes without saying that being in a custody dispute with one's girlfriend while one's earlier divorce is still unresolved gives new meaning to the phrase 'doing things the hard way.' Resolving issues like these in as speedy a manner as possible is one of the most important services an Orange County divorce lawyer can offer clients.

A skilled attorney's professional advice is particularly important in situations where you may be facing overlapping legal issues - California child custody and visitation as well as the division of assets, for example.

Third Age.com: Mel Gibson Divorce Not Final From First Wife Robyn