Orange County Divorce Lawyer Blog

The 70s/80s TV star Melissa Gilbert and her actor-husband Bruce Boxleitner are heading toward a California Divorce according to the United Press International news agency.

UPI reports that Gilbert recently filed divorce papers here in the Los Angeles and Orange County area, citing the catch-all "irreconcilable differences" as her reason for wishing to end her 16-year marriage to Boxleitner. The news agency reports that the couple have a 15-year old son and that Gilbert's California divorce filing requests joint custody of the boy. "The couple also has three grown sons from previous marriages," the agency adds.

Intriguingly, the report notes that the 47-year-old "Gilbert is asking not to have to pay California spousal support to Boxleitner, 61." Gilbert is best known for her work on a TV show, "Little House on the Prairie," which went out of production in 1983. It is fair to say that Boxleitner, while not exactly a Hollywood A-lister, has been by far the more active an visible of the two for many years. The idea that she might owe him spousal support would imply that the residuals from "Little House" must be quite significant, or, perhaps, that she has developed less public money-earning activities over the decades (such as investing).

As I have written on many previous occasions, the example of celebrity couples seeking a Southern California divorce should not be dismissed as having little relevance for the rest of us. Think of Gilbert and Boxleitner not as celebrities but as a long-married, prosperous, two-income middle-aged couple with significant assets, and the situation is suddenly much more relatable.

An experienced Orange County divorce lawyer sees cases like this every day. When choosing legal representation the question you need to ask is whether your Orange County attorney is experienced in cases similar to your own, whether he/she is detail-oriented and whether you have some rapport together. Sorting out assets, child custody and other issues is rarely simple, particularly for those who have built up a large stock of California community property over the course of a long marriage. It is, however, the place where a good Orange County divorce and family law attorney is most needed - and can be the greatest help.

UPI: Gilbert files for divorce from Boxleitner

Sadly, this is a story about a restraining order not being able to protect the victim. Jennifer Bates-Solomon received a restraining order against her 39-year-old ex-husband, Horace Carlos Solomon Jr. However, neighbors and officials said restraining order was not enough to protect the victim.

According to police, Solomon waived his right to an attorney and confessed that he brutally murdered his ex-wife, though he said he doesn't remember how it happened.

The victim's 13-year-old daughter told police she saw the suspect force his way into their East Mesa home and grab a knife from the kitchen. She said he stabbed her mother multiple times in front of her and her 10-year old brother. The youngest, an 8-year-old boy, was asleep in the next room. It is unfortunate that the children had to witness such a heinous killing.

"A restraining order doesn't stop anybody," neighbor Freddie Rodriguez said. "It's just a paper. People still do what they got to do, you know, if they want to do it."

Las Cruces District Attorney Amy Orlando said it can be difficult to ensure that a restraining order will actually work because it's not easy to control an adult's behavior.

Unfortunately, in this case, the victim was murdered despite the existence of a restraining order.

From an Orange County divorce lawyer's perspective, if you are in fear of your life or believe someone is going to cause harm to you, immediately seek a restraining order and keep yourself safe. Depending on the facts of your case, you may need a family law one as well as a criminal restraining order.

Source: Restraining Order Not Enough To Prevent Mom's Murder In Front of Kids

An excellent article published earlier this month by Fox Business News outlines some of the pitfalls that dissolving a marriage holds for one's credit rating. The article makes several points that anyone contemplating an Orange County divorce would be well-advised to keep in mind.

First and foremost - and, it must also be said, unfortunately - it pays to be a bit wary of your soon-to-be-ex while going through the divorce process. "People do unpredictable things during emotional times," the article notes, citing a credit counselor. It goes on to describe a woman whose husband apparently ruined her credit on purpose by failing to honor a number of bills he had promised to pay.

From the perspective of an Orange County family law attorney, this is a reminder of why care and caution are always important. If a couple holds joint credit cards or other accounts it is critical that there be a written understanding of who will become responsible for what, and equally critical that each party prove to the other that its joint credit obligations have been met. Changing the names on everything from utility bills to in-store loyalty cards can be a surprisingly lengthy and frustrating process. The sooner it begins - and the more carefully each party monitors it - the smoother it is likely to be.

This is one of the aspects of divorce and the separation of assets where you might not think about your Orange County divorce lawyer, despite the fact that he or she can play a critical role. Drawing up legal documents in a careful and thorough manner, and then ensuring that both parties keep up their respective ends of the agreement is one of the most important services attorneys can offer clients. With it can come peace of mind during an otherwise chaotic and emotional time.

Fox Business: How to protect your credit during Divorce

I think this has to be the largest spousal support award I have ever seen.

Former Los Angeles Dodgers CEO, Jamie McCourt, says her soon to be ex-husband, Frank should continue to pay more than $600,000 a month in spousal support despite the team's recent bankruptcy filing. Jamie claims that Frank McCourt had access to more than $70 million in income and assets that should satisfy her request for spousal support.

Last May of this year, Superior Court Judge Scott Gordon, ordered Frank McCourt to pay $225,000 per month in spousal support and more than $400,000 per month to cover the mortgages of six homes and a condominium.

What are the factors that go into the determination of spousal support in Orange County or Los Angeles County courts? A program called the Dissomaster is utilized for the calculation of temporary spousal support requests. In order to determine permanent spousal support, the courts will rely on Family Code Section 4320 factors.

Here is a summary of 4320 factors:

In ordering spousal support under this part, the court shall consider all of the following circumstances:
(a) The extent to which the earning capacity of each party is
sufficient to maintain the standard of living established during the
marriage, taking into account all of the following:
(1) The marketable skills of the supported party; the job market
for those skills; the time and expenses required for the supported
party to acquire the appropriate education or training to develop
those skills; and the possible need for retraining or education to
acquire other, more marketable skills or employment.
(2) The extent to which the supported party's present or future
earning capacity is impaired by periods of unemployment that were
incurred during the marriage to permit the supported party to devote
time to domestic duties.
(b) The extent to which the supported party contributed to the
attainment of an education, training, a career position, or a license
by the supporting party.
(c) The ability of the supporting party to pay spousal support,
taking into account the supporting party's earning capacity, earned
and unearned income, assets, and standard of living.
(d) The needs of each party based on the standard of living
established during the marriage.
(e) The obligations and assets, including the separate property,
of each party.
(f) The duration of the marriage.
(g) The ability of the supported party to engage in gainful
employment without unduly interfering with the interests of dependent
children in the custody of the party.
(h) The age and health of the parties.
(i) Documented evidence of any history of domestic violence, as
defined in Section 6211, between the parties, including, but not
limited to, consideration of emotional distress resulting from
domestic violence perpetrated against the supported party by the
supporting party, and consideration of any history of violence
against the supporting party by the supported party.
(j) The immediate and specific tax consequences to each party.
(k) The balance of the hardships to each party.
(l) The goal that the supported party shall be self-supporting
within a reasonable period of time. Except in the case of a marriage
of long duration as described in Section 4336, a "reasonable period
of time" for purposes of this section generally shall be one-half the
length of the marriage. However, nothing in this section is intended
to limit the court's discretion to order support for a greater or
lesser length of time, based on any of the other factors listed in
this section, Section 4336, and the circumstances of the parties.
(m) The criminal conviction of an abusive spouse shall be
considered in making a reduction or elimination of a spousal support
award in accordance with Section 4325.
(n) Any other factors the court determines are just and equitable.

For more information on dissolution of marriage and spousal support, contact an Orange County divorce attorney for more information.

Source: Ex-Dodger CEO wants spousal support maintained

The divorce rate in America - roughly half of all marriages - is a well-known statistic. So how does one guard against the prospect of losing control of one's small business as part of an Orange County divorce?

A recent article in Entrepreneur magazine offers a number of tips. Some - such as signing a California prenuptial agreement - are straightforward, even obvious. Others come across as a bit Machiavellian, such as the suggestion that while your marriage is collapsing your first concern should be finding an angel investor to buy a stake in the business.

There is a broader point here, however; one which all business-owners contemplating an Orange County divorce need to keep in mind. Advance planning is key - and for many Orange County couples that means thinking ahead not only to where a marriage may end up, but also to where a business may be many years down the line. As Entrepreneur notes, "you have a $100,000 business... not anticipating that 20 years later it's a $5 million business." Advance planning can make sorting out a development like this a lot less painful.

These are the sort of scenarios where an Orange County divorce attorney can help with planning long before a divorce is contemplated, if ever. As the article notes, arrangements - especially those made after the wedding - are often stronger in legal terms if they have been in place for a number of years. For many couples, it is worth taking time when the marriage is good to consider how a business might be divided up in the unfortunate event that things turn sour.

These are the sort of decisions on which a Costa Mesa, Santa Ana or Anaheim community property attorney can offer detailed, professional advice. Just as estate planning is often best done while a person is still alive, so post-marital planning is often smoothest when it takes place in the less confrontational circumstances of a marriage that is going well. Orange County family law attorneys are here to help clients in good times as well as bad.

Entrepreneur: How to Divorce-Proof Your Company

Hong Kong celebrity couple Nicholas Tse and Cecilia Cheung have announced their intent to seek a divorce after 5 years of marriage. The couple have two minor children, four year old Lucas and one year old Quintus.

The couple have issued a joint statement stating that they "...will have joint custody of our two children. Their happy growth will be our main consideration among all the matters."

It is unknown as to how the couple will divide their marital estate.

From an Orange County divorce lawyer's perspective, if this couple were to divorce in California, they would have to deal with issues of spousal support, child custody, child visitation and property division, among other issues.

Since the couple were married for less than 5 years, it would be considered a short term marriage and the recipient spouse (if he or she chooses to seek it) would be entitled to California spousal support for one-half of the length of the marriage.

Regardless, going through an Orange County or Los Angeles County divorce is never easy. Issues relating to spousal support, child support, child custody, visitation and property division must be dealt with.

Contact an Orange County divorce lawyer for more information.

Source: Tse, Cheung announce divorce, share custody of sons

An interesting article published by the Huffington Post details the problems California parents can experience when trying to collect California child support from an ex who is a member of one of the state's 103 recognized Native American nations. According to the investigation, some "tribal governments and businesses are shielding them from court-ordered payments, records and interviews show."

The investigation was conducted by California Watch, a project of the non-profit Center for Investigative Reporting. Quoting the Chief Judge of the Hoopa Valley Tribe, it notes that of the 100+ tribal governments in the state "only about 20... have official child support enforcement systems in place." State - and some tribal - officials express frustration with this situation, but note that since the tribes are sovereign nations (i.e. legally-speaking they are as separate from the United States as the governments of France or Japan) the state's options are limited.

The article notes that the exact extent of the problem is difficult to define, since the state "does not systematically track which businesses, tribal or otherwise, honor support orders." It is clear from the details offered in the article, however, that enforcement of California support orders can be an issue throughout the various tribal legal systems.

As an Orange County child custody and visitation lawyer these are the sort of complex, and often delicate, legal issues a Costa Mesa, Anaheim or Santa Ana family law attorney confronts almost every day. The fact that legal remedies are sometimes limited - and that achieving justice can be unusually complicated - in California international custody and child support cases does not mean that they don't exist.

Custodial parents deserve - and are legally entitled to - child support. As the Huffington Post article notes, tribal judges and elders do not dispute this. Indeed, they support it. As one tells California Watch: "Traditionally, Native peoples are taught that we take care of our children and elders. Taking care of our children means child support." An experienced Orange County family law attorney can help clients navigate the complexities of overlapping legal systems to get the support, and justice, they need.

Huffington Post/California Watch: Native American tribes' child support difficult to collect

In an earlier post, I blogged about Taylor Armstrong's filing of divorce from her husband, Russell Armstrong here. I also discussed allegations of potential spousal abuse here which purportedly took place during the marriage. Now, sadly, news have reported that Russell committed suicide earlier this week. In addition to his ongoing divorce, Russell was apparently in a lot of financial stress and was being sued for $1.5 million.

I have handled a handful of cases where the other party in a dissolution of marriage matter has passed away. How does the court deal with a death of a party? Simple. There is nothing left to do if the other party is dead and a Notice of Death is filed with the court. Sometimes, a probate lawyer may have to step into the shoes of the deceased if there are significant family law issues left to be dealt with.

In the case at hand, Taylor and Russell have a 5 year old daughter, Kennedy. Obviously, child custody and visitaiton issues are now moot and Taylor will get full custody of her daughter. It will be interesting to see how this $1.5 million lawsuit plays out as I'm not sure where the source of monies will come out to settle said lawsuit.

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

Source: Taylor and Russell are being sued for $1.5 million

Rocker John Mellencamp and his estranged wife, model Elaine Irwin Mellencamp, are officially divorced. John and Elaine were married for 18 years (long term marriage in California) and have two children, Hud, age 17 and Speck, age 16. The parties separated back on September 1, 2010. This is the third divorce for John.

According to reports, the couple negotiated "an amicable settlement of all issues involving property and maintenance rights, the custody and support of their children, and all other issues," Further, the couple will share joint legal custody of the boys but Elaine was awarded primary physical custody.

Additionally, John was ordered to pay child support and for their school. No other details about the divorce was made public.

Luckily for these two, they were able to work out an amicable settlement agreement. Otherwise, if no settlement was reached, there would have been contentious litigation involving child support and property division.

Interestingly enough, since the couple's marriage was long-term (18 years), there is no mention as to if Elaine was awarded spousal support or if John chose to buy her out. In California, the following are factors that the court evaluates when awarding permanent spousal support:

In ordering spousal support under this part, the court shall
consider all of the following circumstances:
(a) The extent to which the earning capacity of each party is
sufficient to maintain the standard of living established during the
marriage, taking into account all of the following:
(1) The marketable skills of the supported party; the job market
for those skills; the time and expenses required for the supported
party to acquire the appropriate education or training to develop
those skills; and the possible need for retraining or education to
acquire other, more marketable skills or employment.
(2) The extent to which the supported party's present or future
earning capacity is impaired by periods of unemployment that were
incurred during the marriage to permit the supported party to devote
time to domestic duties.
(b) The extent to which the supported party contributed to the
attainment of an education, training, a career position, or a license
by the supporting party.
(c) The ability of the supporting party to pay spousal support,
taking into account the supporting party's earning capacity, earned
and unearned income, assets, and standard of living.
(d) The needs of each party based on the standard of living
established during the marriage.
(e) The obligations and assets, including the separate property,
of each party.
(f) The duration of the marriage.
(g) The ability of the supported party to engage in gainful
employment without unduly interfering with the interests of dependent
children in the custody of the party.
(h) The age and health of the parties.
(i) Documented evidence of any history of domestic violence, as
defined in Section 6211, between the parties, including, but not
limited to, consideration of emotional distress resulting from
domestic violence perpetrated against the supported party by the
supporting party, and consideration of any history of violence
against the supporting party by the supported party.
(j) The immediate and specific tax consequences to each party.
(k) The balance of the hardships to each party.
(l) The goal that the supported party shall be self-supporting
within a reasonable period of time. Except in the case of a marriage
of long duration as described in Section 4336, a "reasonable period
of time" for purposes of this section generally shall be one-half the
length of the marriage. However, nothing in this section is intended
to limit the court's discretion to order support for a greater or
lesser length of time, based on any of the other factors listed in
this section, Section 4336, and the circumstances of the parties.
(m) The criminal conviction of an abusive spouse shall be
considered in making a reduction or elimination of a spousal support
award in accordance with Section 4325.
(n) Any other factors the court determines are just and equitable.

Contact an Orange County divorce lawyer for more information on seeking a divorce in Los Angeles or Orange County.

Source: John Mellencamp officially divorced

In a child custody case that will certainly be of interest here in Orange County, Mexican parents expelled from the United States as illegal immigrants and the two American-born children they were forced to leave behind were recently reunited in Mexico City after a lengthy international child custody dispute, according to Fox News Latino.

We usually think of such disputes pitting parents of different nationalities against one another. In this case, however, the Mexican parents found themselves fighting county officials in Pennsylvania as part of a complex custody dispute. According to Fox, the couple had been living illegally in the US for about a decade when Pennsylvania authorities moved to take their four children and place them in foster care.

With the couple's two older children already in the foster care system they sought to return to Mexico with their two younger daughters who, unlike the older children, had been born in the United States and are, therefore, American citizens. The family were "detained by police in California as fugitives for not appearing in the Pennsylvania court." The network adds that the parents "were eventually released without charges and deported to Mexico without their daughters."

From there the couple faced the monumental task of battling for custody in US courts while being unable to return to the United States. With the assistance of the Mexican government they were eventually able to testify in the Pennsylvania court via Skype, and to win an order returning their children to them.

International custody disputes are always difficult but, from the perspective of an Orange County child custody lawyer, it is fair to say this case posed a number of unique challenges. Parental rights sometimes needs to be fought for in our courts, and the complexities that often accompany international custody disputes here in Southern California and elsewhere never make such legal battles any easier. It is heartening to see that the authorities hearing this case were sufficiently innovative both to allow the parents to testify using computer technology and to acknowledge the importance of parents' rights and the interest we all have in keeping families together.

Fox News Latino: Mexican Couple Wins Back Custody of Kids in U.S. Court Battle

I read an interesting article here (which I am reposting) about the benefits of having a prenuptual agreement. It may be something you consider if you do not want to go through a litigous Orange County or Los Angeles County divorce.

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What is a prenup?
A prenuptial agreement is a contract created and signed by two people before they get married. Often referred to as a prenup, the contract usually specifies what each person's property rights will be if the marriage ends. In order to do this, each person must list all the property he owns as well as any debt. This helps establish what individual assets and debt each person brought into the marriage.

Prenuptial agreements tend to be more popular with people on their second or third marriages. That's not because these people trust the institution of marriage any less, but because by the time people are on their second or third marriage, they have had time to accumulate more wealth and, therefore, have more to lose in a divorce.

Why have a prenup?
A prenup can provide several advantages. It can protect each spouse from the debts of the other. Without a prenup, creditors could turn to marital property to satisfy the debts of just one spouse, even premarital debts. This can be especially useful in today's economy, with so many people entering into marriage with substantial student loans. A prenup can provide for children of a previous marriage if you want to make sure that your children inherit your property. A prenup can establish your own rules for property division and avoid potential disagreements.

Reasons not to have a prenup
In the author's opinion, there are two main reasons couples do not want to get a prenup. First, prenups do not come across as very romantic. When a couple is preparing for a wedding and talking hearts and flowers, bringing up a prenup can be a real buzz kill.

Second, not all couples need a prenup. If you or your fiancé answers yes to any of the following questions, then you might consider a prenup:

--Do you own any real estate?
--Do you own more than $50,000 worth of assets other than real estate?
--Are you a business owner?
--Do you currently earn a salary of more than $100,000 per year?
--Do you have valuable employment benefits, such as retirement benefits, profit-sharing or stock options?
--Do either of you plan on earning an advanced degree while the other works to support the family?
--Do you want all or a portion of your estate to go to your children rather than your spouse?

If you did not self-identify with the above questions, then you may not need a prenup.

If you and your fiancé decide to draft a prenup, give yourself plenty of time between drafting the documents and the date of the wedding. Take your time and make sure the prenup is tailored to your specific circumstances. Additionally, it is recommended that each person have his own attorney review the prenup to ensure his own personal interests are represented.

Indeed, according to California Family Code Section 1615, it states as follows:
"(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following:
(1) That party did not execute the agreement voluntarily.
(2) The agreement was unconscionable when it was executed and, before execution of the agreement, all of the following applied to that party:
(A) That party was not provided a fair, reasonable, and full disclosure of the property or financial obligations of the other party.
(B) That party did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.
(C) That party did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
(b) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
(c) For the purposes of subdivision (a), it shall be deemed that a premarital agreement was not executed voluntarily unless the court finds in writing or on the record all of the following:
(1) The party against whom enforcement is sought was represented by independent legal counsel at the time of signing the agreement or, after being advised to seek independent legal counsel, expressly waived, in a separate writing, representation by independent legal counsel.
(2) The party against whom enforcement is sought had not less than seven calendar days between the time that party was first presented with the agreement and advised to seek independent legal counsel and the time the agreement was signed.
(3) The party against whom enforcement is sought, if unrepresented by legal counsel, was fully informed of the terms and basic effect of the agreement as well as the rights and obligations he or she was giving up by signing the agreement, and was proficient in the language in which the explanation of the party's rights was conducted and in which the agreement was written. The explanation of the rights and obligations relinquished shall be memorialized in writing and delivered to the party prior to signing the agreement. The unrepresented party shall, on or before the signing of the premarital agreement, execute a document declaring that he or she received the information required by this paragraph and indicating who provided that information.
(4) The agreement and the writings executed pursuant to paragraphs (1) and (3) were not executed under duress, fraud, or undue influence, and the parties did not lack capacity to enter into the agreement.
(5) Any other factors the court deems relevant."

Contact an Orange County divorce lawyer to assist you in drafting a Prenuptual Agreement. It could likely save you thousands of dollars in the event of a dreadful divorce.

In an earlier post I blogged about Daniel Baldwin's divorce from his estranged wife after she threatened to kill him. Now, the latest news reports that Baldwin has "rescinded" his divorce petition and request for a restraining order. Baldwin's wife, Joanne, was quoted as stating: "We have a lot of work to do in our marriage and a lot of healing to do. I don't know what the end result will be."

Despite calling off the divorce and restraining order, Joanne Baldwin is still living separately from Daniel and they have joint custody of their daughters, 3-year-old Avis and 1-year-old Finley.

Daniel filed for divorce in July, a day after he filed a restraining order against her and had her removed from the Oregon house where the coupled lived with their two children.

From an Orange County divorce lawyer's perspective, if the parties decide to reconcile, they can file a Request for Dismissal, dismissing the divorce action in its entirety. Since California is a no-fault divorce State, either party may divorce the other party regardless of fault. On the same note, either party may file a dismissal request if they decide they do not want to continue on with the divorce and reconcile.

Either way, if you are contemplating divorce, its important that you obtain a reputable Orange County divorce lawyer to work in your corner. An attorney that is aggressive and competent in California divorce law will get you the results you want.

Contact an Orange County divorce lawyer today.

Source: Daniel Baldwin Shocker: Rescinds Divorce, Throat-Slitting Accusations Against Wife

In the celebrity-watching portion of the media the unexpected news that Jennifer Lopez and Marc Anthony are planning a Southern California divorce was quickly overtaken by speculation regarding the couple's prenuptial agreement, or possible lack thereof.

According to the Los Angeles Times the anticipated divorce will be the third for Lopez and second for Anthony. The website Hollywood Life notes that the couple have three-year-old twins, but speculation, so far, has focused more on money than on Los Angeles or Orange County child custody. The couple have been married since 2004.

Lopez and Anthony, of course, are both high-earning celebrities. But it seems fair to say that her fame - and in all likelihood her income - far exceeds his. As Hollywood Life points out, Jennifer's recent stint as a judge on "American Idol" has almost certainly been more lucrative than anything Anthony has done in recent years. The website cites other celebrity publications putting the couple's "combined worth at $350 million." It also notes that after paying ex-husband #2, Cris Judd, an estimated $14 million one would assume that Lopez would have made some effort to protect her assets during later marriages. The circumstantial evidence available so far, however, suggests otherwise.

As I have said before when writing about celebrities, the fact that the rest of us do not have hundreds of millions of dollars at stake does not mean that splits like this one do not hold lessons for a couple entering into a lower-profile Orange County divorce.

An experienced Orange County divorce lawyer can be your most important advisor and ally during the complicated, and often emotionally challenging, period surrounding a divorce. In addition to financial arrangements, discussions over Orange County child custody and visitation can frequently become difficult. Every person seeking to dissolve a marriage needs skilled legal advice and assistance to ensure the protection of their rights.

Los Angeles Times: Jennifer Lopez and Marc Anthony to divorce

Hollywood Life: Do Jennifer Lopez & Marc Anthony have a Pre-Nup? If not, he could get half of their reported $350 million fortune, says legal expert

Last month I blogged about Linda Evangelista's request for child support from Salma Hayek's husband, François-Henri Pinault. Now, reports are surfacing as to exactly how much Evangelista is requesting and the (un)reasonableness of it.

To an ordinary middle class person, $46,000 may seem a whole heck of a lot, some reports are contending that said $46,000 per month is actually reasonable and appropriate. Let's take a deeper look.

-The monthly payments for the four-year-old's three nannies alone total over $23,000 a month.

- The boy's driver costs $10,000 per month.

- A minimum of $3,000 per month for posh fashionable clothes for the tot.

- The boy's educational expenses total around $2,500 a month.

- The boy's sports, tutoring, and other extra-curriculars would total to anywhere between $2,000 and $5,000 per month.

Apparently, the lifestyle of children of the rich and famous is quite hefty. If this is what the child is accustomed to, then said expenses would probably be reasonable in a court of law.

But of course, in California, the determination of child support is based on timeshare and the gross income of the parties, among other factors. In a high income case as this, courts may deviate from guideline.

For more information on filing a child support action in Orange County or Los Angeles County, contact an Orange County child support attorney for more information.

Source: Why Linda's $46K Child Support Request Is Kind Of Reasonable

Numerous media reports over the last ten days indicate that former governor Arnold Schwarzenegger has made a significant revision to his court filings related to his Southern California divorce from Maria Shriver. The Orange County Register notes the former governor initially "stated that he didn't want to pay spousal support to Maria Shriver... or her lawyer's fees." Now, however, he has reversed himself on the issue.

Schwarzenegger's justification for the original Los Angeles family court spousal support claim was the fact that while his income as an actor is the source of much of the couple's fortune, California's former first lady is independently wealthy in her own right.

The Register, citing the celebrity gossip website TMZ, reports that the once and future action movie star says the move to deny spousal support for Shriver was inadvertent - a result of Schwarzenegger signing documents without discussing their content with his Southern California divorce attorney first. Once he discovered the content of the documents he moved to present the court with a revised filing in which he does not contest Los Angeles spousal support. Shriver filed for divorce from the former governor earlier this year after it was revealed that Schwarzenegger had fathered a child more than a decade ago with a woman who was at the time one of the couple's household employees.

Because Schwarzenegger and Shriver have no California prenuptial agreement and have been married for a quarter-century virtually all of Schwarzenegger's earnings from his long film career will be subject to California community property rules in the eventual divorce settlement.

From an Orange County divorce attorney's perspective the move by Schwarzenegger can be seen as a potentially shrewd tactical one. Assuming the media accounts are true, his quick action may have been designed to diffuse ill-feelings as the couple enter into the real financial negotiations concerning their break-up. Orange County divorce proceedings are rarely without stress, but it is generally in both parties' interest to minimize conflict to whatever extent that proves possible.

Orange County Register: Schwarzenegger revises divorce proposal

AP via The Washington Post: Schwarzenegger amends divorce filing and withdraws request to deny Shriver spousal support

Actor Daniel Baldwin recently filed for divorce from his wife Joanne, but not before also obtaining a restraining order against her, according to the Associated Press as a reported by television station KFMB. The news agency reports that the actor, a brother or Alec Baldwin, told police Joanne "punched him, threatened him with a knife in front of the couple's children and made threats of violence and death 'too numerous to list.'"

The couple live in a suburb of Portland, Oregon. In addition to the restraining order, the report notes, Joanne was also detained for several days on charges of "violating her parole for a drunken driving conviction." According to AP the Baldwins have been together since 2006, and married since 2007. Daniel filed for divorce the morning after the alleged domestic violence incident.

When we think of California domestic violence most of us generally assume that it is directed against the woman in a couple - and, statistically that is the far more common scenario. But as any Orange County father's rights advocate will tell you, the Baldwin case is a reminder that domestic violence can happen anywhere.

From the perspective of an Orange County family law attorney it is important that every case like this one be given a fair hearing - one in which justice is served and both parties are able to put forward their arguments without having to overcome either fear or prejudice.

The important thing to remember is that you have a right to live safely. We all hope that incidents like the one alleged to have befallen Daniel Baldwin never happen to us. When they do, it is equally important that you know where to turn. An experienced Orange County child custody and domestic violence lawyer can offer essential advice to anyone forced to navigate the unfamiliar world of our court system.

AP via KFMB: Daniel Baldwin files for divorce: Claims violence

In an earlier post last month, I blogged about the news of Taylor Armstrong seeking a divorce from her husband, Russell. Well, more drama has evolved in that now Taylor is alleging that her husband abused her during the marriage.

Sources connected the Real Housewives of Beverly Hills have reportedly told TMZ that Taylor had showed her castmates bruising and other injuries, claiming her husband Russell was responsible.

According to sources connected with production of the show, Taylor was also adamant about hiding what she has called a "physically and emotionally abusive marriage". Further, sources state that Russell even got "aggressive" with Taylor at an event, and executives from Bravo witnessed same. These are serious incidences of abuse and should not be taken lightly.

Taylor has also told People.com that her arguments with Russell often became physical -- with Russell grabbing her, shoving her, and even pulling her hair. These are definitely classic examples of domestic violence and Taylor should have gone to court to obtain a restraining order. From an objective standpoint, I'm not sure why Taylor did not call the police or go to court for a domestic violence restraining order. Hopefully she does not have Battered Women's Syndrome.

At any rate, Russell has denied the hair-pulling, but admits to pushing her -- blaming "Housewives" for pushing the couple to their "limit." Regardless, physical abuse is never the answer and totally uncalled for no matter who or what may have pushed Russell to the "limit".

It is important that if you or someone you know is being physically abuse, beaten and battered by his or her spouse that they seek help immediately. A criminal or family law restraining order is available to protect the abused spouse.

Contact an Orange County divorce lawyer for more information.

Source: "Housewife" Taylor Armstrong PHYSICAL SIGNS OF SPOUSAL ABUSE

Jesse James and his ex-girlfriend, Janine Lindemulder, have finally completed their post-judgment dispute regarding their Orange County child custody issues. Indeed it was announced that James was awarded sole legal custody of their daughter, Sunny.

Additionally, since James currently lives in Austin, Texas, James' lawyer advised that if Janine moves to Texas to be near Sunny, she will be ordered to complete an inpatient rehabilitation program prior to seeing the child. However, if Janine remains in California, she will be entitled to monitored visits with the child.

From an Orange County divorce lawyer's perspective, what does "sole legal custody" mean?

For example purposes only, sole legal custody means that James has sole decision making duties regarding the following matters concerning the child:

1. Enrollment or termination in a particular private or public school;
2. Beginning or ending the regular practice of a religion;
3. Commencement of psychiatric, psychological, or other such mental health counseling or therapy;
4. Change of the child's residence;
5. Passport applications;
6. Enrollment in regular occurring extra curricular activities;
7. Non-emergency medical/dental treatment other than routine checkups.

Basically, Janine does not have a "say" in any of the decision making duties of the above. James has full authority. For a Judge to order sole legal custody to one parent, the non custodial parent must have had serious parenting issues (i.e. drug, alcohol etc.)

Whatever the reason may be, it is important to have an Orange County divorce lawyer on your side in any contentious child custody dispute.

Contact an Orange County divorce lawyer for more information.

Source: Jesse James Awarded Sole Custody of Daughter