Orange County Divorce Lawyer Blog

According to The New York Post, Ira Schacter, 51, who works for the law firm of Cadwalader, Wickersham & Taft, is involved in a bitter divorce battle with his estranged wife, Janice, 48. He apparently spent $215,00 (yes, you read that right!) on an engagement ring for his Playboy bunny fiancee. However, he refuses to cough up money to pay for his daughter's hearing aid, which costs $12,000.

The soon to be ex-wife, Janice, states that while Schacter was lavishing his fiancée, Lace Rose Allenius, 26, with bling, he ignored a 2010 court order that gives Janice Schacter "legal decision-making" for the "physical auditory care to the extent provided by a doctor, audiologist or hearing-aids provider."

However, Schacter's lawyer states that according to a Manhattan Supreme Court Judge, Laura E. Drager, he is not responsible for expenses unless he gives prior approval.

Well, there are two sides to every story. A close review the prior order regarding Schacter's responsibility for payment of his daughter's hearing aids is necessary. If the order states that he needs to give his prior approval, then Janice should not be able to unilaterally buy and charge said expense for the hearing aid. However, if the order gives Janice unfettered discretion to make legal decisions on behalf of the daughter and purchase her medical necessities, then perhaps Schacter is obligated to pay for said expense. We would need to closely review the order currently in place.

From an Orange County divorce lawyer's perspective, this case stresses the importance of carefully reading and reviewing your court order before taking any action (or inaction).

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

Source: Lawyer refuses to pay for daughter's hearing aids but bought fiancee diamond ring

Last Thursday, Jim Carrey's daughter, Jane, filed for divorce from her husband, Alex Santana. The couple were only married in November of 2009. The couple have a 20 month old son named Jackson.

Jim Carrey, 49, confirmed his daughter's separation from her husband of one year in December of 2010. "The couple will remain friends, as well as devoted parents to their [son] Jackson Riley," his rep, Marleah Leslie, told Us at the time.

From an Orange County divorce lawyer's perspective, the couple were married for only a short time- a short term marriage. So any spousal support owed should only be for one-half of the length of the marriage.

Additionally, the couple have a 20 month old son, Jackson. They will have to work out a child custody and visitation schedule along with a determination of child support.

At any rate, if you are contemplating an Orange County or Los Angeles County divorce, contact an Orange County divorce lawyer for more information.

Source: Jim Carrey's Daughter, Jane, files for divorce

As a general rule, the death of one of the spouses abates a cause of action for dissolution. However, it does not deprive the court of jurisdiction it has retained to determine collateral property rights if the court has previously rendered a judgment dissolving the marriage.

According to Family Code section 2581, presumptively applies to the division of property held by the parties in joint form if a former spouse dies after entry of bifurcated judgment dissolving the parties' marital status and reserving property issues for later adjudication.

In contrast, if a spouse dies during the pendency of a dissolution proceeding but before a judgment dissolution is entered, FC 2581 does not apply. Instead, the property will pass by operation of law to the survivor. Marriage of Hilke (1992) 4 C4th 215.

For example, if a person holds real property held in joint tenancy with his or her spouse that is subject to division as a community property on marital dissolution may sever the joint tenancy without violating the automatic temporary restraining orders on the back of the family law summons.

If you are in need of an Orange County divorce lawyer, contact the Law Offices of David P. Schwarz for more information.

According to legal documents obtained by TMZ, in a Request for Trial Setting, Melissa Etheridge, 50, and Tammy Lynn Michaels, 36, are fighting over child custody, child visition, child support, spousal support, division of property and attorney's fees. Looks like the couple have not settled their differences and the matter is getting ready to be set for trial.

From an Orange County divorce lawyer's perspective, with respect to child custody and visitation issues, the former couple will have to work out an appropriate parenting plan for their twins. Once an appropriate parenting plan is worked out, the next issue to be dealt with is child support. Generally speaking, child support is based on timeshare and gross monthly income of the parties. There are other factors such as interest deductions, mandatory retirement etc. but I won't get into that here. At any rate, the more time a noncustodial parent visits with the child, the less child support he or she will end up paying. So, it'll be interesting to see how this case plays out in court.

Another interesting note is that Michaels is requesting spousal support from Etheridge. However, the issue of whether the vows they exchanged back in 2003 will hold muster. Was it a real binding marital ceremony or simply a non-binding commitment ceremony? At either rate, on a permanent spousal support level, Family Code section 4320 factors will likely come into play if the court finds that there was indeed a binding commitment ceremony.

At any rate, if you have any issues relating to divorce, child custody, visitation or spousal support, contact an Orange County divorce lawyer for more information.

Source: Melissa Etheridge, Ex fighting over custody, spousal support

Mark-Paul Gosselaar and his ex-wife may have ended their marriage earlier this year. However, one issue is still up for litigation: child custody and visitation. Earlier this week, Gosselaar's ex-wife filed an Order to Show Cause seeking joint legal and joint physical custody of their kids, Michael Charles, 7, and Ava Lorenn, who turns 5 later this month.

From an Orange County divorce lawyer's perspective, child custody and visitation can be one of the most litigious issues to resolve in divorce cases. Indeed, sometimes couples are not able to resolve their child custody and visitation issues that an expert needs to be appointed to determine the best parenting plan for the kids. Indeed, an Evidence Code section 730 child custody evaluator or Minors' Counsel sometimes are appointed in heated child custody cases.

At any rate, if you are in need of an aggressive Orange County or Los Angeles County child custody lawyer, contact the Law Offices of David P. Schwarz for more information.

Source: Mark-Paul Gosselaar's ex-wife files for joint custody of kids.

After many, many months of intense divorce litigation, the McCourts have finally reached a settlement agreement.

This past Monday, the McCourts announced that they had reached a settlement agreement that calls for Jamie McCourt to support a media rights deal that could be worth up to $3 billion - something she once opposed.

The terms of the agreement, which was recently struck between the McCourts, won't be released, but a person familiar with it who requested anonymity because it's not meant to be public told The Associated Press that Jamie McCourt would receive about $130 million, a figure first reported by the Los Angeles Times.

The settlement now allows Frank McCourt to focus on his battle with MLB, which is seeking permission from a bankruptcy judge to file a reorganization plan that calls for McCourt to sell the Dodgers.

From an Orange County divorce perspective, divorce cases often take several years to wrap up. Luckily for the McCourts, they resolved their issues with a global settlement. Now each party can go their separate ways and move on with their lives.

If you are in need of an Orange County divorce lawyer to assist you in any divorce, child custody, child support, spousal support or property division issue, contact an Orange County divorce lawyer for more information.

Source: McCourt Divorce Settlement: They are a united front

In Helena, Montana, a man was shot to death in his apartment on Thursday. Additionally, the man went to court to request a temporary restraining order and even filed for divorce against his ex-wife. Two days later, his estranged wife was arrested on suspicion of killing him and another woman.

Joseph Andrew Gable, 48, sought a temporary order of protection from Michelle Coller Gable on Sept. 20, alleging she was stalking him.

Joseph alleged that Michelle Gable, 48, had entered his apartment while he was trying to change the locks and started a confrontation. He said she threw a laptop computer down the stairs, tried to block him from leaving the apartment and prevented him from driving away because her rental car was parked behind his vehicle.

Now, Michelle Gable faces two counts deliberate homicide in the death of her husband and his female acquaintance after the shooting at his apartment Thursday morning. She was scheduled to make an initial court appearance Friday afternoon.

From an Orange County divorce lawyer's perspective, this is yet another tragedy involving a domestic dispute. Going through a divorce is never easy. It is stressful and people often act out because of the divorce.

At any rate, contact an Orange County divorce lawyer for more information on filing in Los Angeles County or Orange County.

Source: Helena shooting victim had just filed for divorce; wife charged in 2 killings

Last week, Orange County was a buzz over the killing of 8 people in a hair salon.

Scott Evans Dekraai of Huntington Beach is the suspect in the worst mass killing in Orange County. He is currently being held without bail since his arrest Wednesday after the massacre at the Salon Meritage on Pacific Coast Highway. Dekraai was apparently targeting his ex-wife, Michelle Fournier, but as a result 7 other people were killed and 1 person is in critical condition.

Fournier and Dekraai were engaged in a bitter Orange County child custody battle over their 8-year-old son.

Fournier's attorney, John Cate Jr., told the Orange County Register that Dekraai and his Fournier were in court the day before the shooting. Dekraai had filed an Order to Show Cause seeking sole custody of his son, but a court-ordered report recommended against it.

"Scott Dekraai's demeanor throughout this case has been controlled, and he never gave any indication that he housed the potential for such destruction and carnage," Cate said in a statement.

From an Orange County divorce lawyers perspective, child custody disputes leading to killings is all too familiar. Murder is never the answer. One option of working out child custody disputes is through mediation. Going over the issues in conflict with a neutral third party can be helpful to your case.

Contact an Orange County divorce lawyer for more information on child custody disputes.

Source: Seal Beach Shooting: Murder charges expected against suspect

Do grandparents have any rights to visit their grandchildren? If so, in what type of situations? Typically, the court in a marital action may award reasonable visitation rights to any other person having an interest in the child's welfare. (Family Code Section 3100(a)).

With respect to grandparents, they may petition the court for visitation with their grandchildren in the following situations:

- A grandparent is deceased (FC 3102);

- A dissolution or other family law proceeding is pending in which child custody is already at issue. (FC 3103);

- The parents are not married to one another, including after a marital dissolution (FC 3104(b); Marriage of Harris, (2004) 34 C4th 210, 211-222; or

- The parents are married but are living separate and apart on a permanent basis or indefinite basis and meet numerous other criteria. (FC 3104(b)).

If you are interested in seeking grandparent visitation rights in Orange County or Los Angeles County, contact an Orange County divorce lawyer for more information.

In Orange County or Los Angeles County, when calculating child support or spousal support, the court takes into consideration the gross income of the parties in determining same, among other factors. So, in California, what is considered gross income?

Under the statewide guideline, gross income includes income from any source except income derived from (1) child support payments actually received or (2) any public assistance program for which eligibility is based on need.

Gross income includes, but is not limited to the following:

- Income such as commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, social security benefits, and spousal support actually received from a person not a party to the order at issue. (Family Code section 4058(a)(1).

- Income from the proprietorship of a business (gross receipts less expenditures) (Family Code section 4058(a)(2); and

- In the court's discretion, employee benefits or self employment benefits, taking into consideration the benefit to the employee or self-employed person, any corresponding reduction in living expenses, and other relevants facts. (Family Code section 4058(a)(3).

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

In Orange County or Los Angeles County, when calculating child support or spousal support, the court takes into consideration the gross income of the parties in determining same, among other factors. So, in California, what is considered gross income?

Under the statewide guideline, gross income includes income from any source except income derived from (1) child support payments actually received or (2) any public assistance program for which eligibility is based on need.

Gross income includes, but is not limited to the following:

- Income such as commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, social security benefits, and spousal support actually received from a person not a party to the order at issue. (Family Code section 4058(a)(1).

- Income from the proprietorship of a business (gross receipts less expenditures) (Family Code section 4058(a)(2); and

- In the court's discretion, employee benefits or self employment benefits, taking into consideration the benefit to the employee or self-employed person, any corresponding reduction in living expenses, and other relevants facts. (Family Code section 4058(a)(3).

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

Back in 1991 in Costa Mesa, California, Omaima Nelson, now 43, claims that although she killed, dismembered and cooked her husband, then ate his body parts, told a parole board: "I am not a monster."

Omaima Nelson, sought parole after 20 years behind bars, but the board rejected her request and she will remain in state prison on a term of 27 years to life for second-degree murder.

Nelson claims that back in 1991 in their Costa Mesa apartment, her husband, William, was trying to strangle her when she hit him with a lamp, stabbed him with scissors and killed him.

Nelson went on to say:

"If I didn't defend my life, I would have been dead. I'm sorry it happened, but I'm glad I lived," said the one-time model from Egypt. "I'm sorry I dismembered him."

Killing someone is one thing but going as far as dismembering, cooking and then EATING him shows this lady has issues.

Although this is not a "divorce-related" blog post, it does show that one cannot get away with murder. If she thought her life was in danger, she should of called the police. She could of also taken precautions to defend herself without killing, dismembering and cooking the victim.

From an Orange County divorce lawyer's perspective, if Nelson was not happy in her marriage to William, she could of sought an Orange County divorce or perhaps even applied for a domestic violence restraining order.

Contact an Orange County divorce lawyer for more information if you intend to seek an Orange County or Los Angeles County divorce.

Source: Ex-mode who ate husband's body parts: "I'm not a monster."

Jesse James' child custody battle, which originated in Orange County, has been moved to Texas, where the star lives. At the time of the original filing, jurisdiction was established in Orange County family law court because Lindemulder was living in Costa Mesa and James was living in Sunset Beach.

Last week, Orange County Superior Court Judge David Belz, issued the order.
For about a year now, James has been fighting to have his legal matter moved to a court in Hays County, Texas, which is closer to where he lives in Austin with his 7-year-old daughter Sunny.

Sunny's mother, Janine Lindemulder, an adult movie actress, was awarded a week of visitation with the girl every month in Texas, with James agreeing to pay for her travel and accommodations, Lindemulder's attorney Richard Masson said. Lindemulder currently lives in Oregon to be closer to her own mother.

In the future, if any other child custody or visitation issues arise, Lindemulder and James will have to work them out in a Hays County courtroom now, Masson said.

This ruling makes sense because James', who has custody of the daughter, lives in Texas and Lindemulder lives in Oregon. It would be impractical to have the case remain in Orange County, when neither party lives there.

At any rate, if you have any child custody or visitation issues, contact an Orange County divorce lawyer for more information.

Source: Jesse James' Child Custody Case moved to Texas

For the second time this year, Terrell Owens (hereinafter "TO") fell behind in his child support payments to the mother of his child. TO was due in court last Tuesday on a contempt charge because he failed to make two months payment plus $10,000.

This past July, TO claimed that he could only afford to pay $2,500 per month. The Judge denied his request and he settled by paying $10,000 owed for the months of June and July in addition to payment of his ex's attorney fees.

Additionally, TO's ex filed a second petition for contempt in Fulton County Superior Court earlier this month requesting Owens be incarcerated for not making his August and September payments. TO, star of a VH-1 reality series, reportedly earns an estimated $666,000 a month, according to his ex's contempt filings.

We have previously blogged about the consequences of failing to pay your child here under the Contempt section. If you fail to pay your court ordered child support payments, like TO, you can face jail time.

From an Orange County divorce lawyer's perspective, in order to prevail in a Contempt matter here in California, the following requirements must be met to prevail in a Contempt action:

(1) There must be a valid order;
(2) The citee must have knowledge of the order;
(3) The court must find that the citee had the ability to comply with the order;
(4) To be held in contempt, the accused party must have willfully disobeyed the order.

Pursuant to CCP section 1218(c), a citee who is found in contempt of court for failure to comply with a court order under the Family Code must at minimum, be sentenced to the following:

(1) On a first finding of contempt, performance of community service of up to 120 hours or imprisonment of up to 120 hours for each count.

(2) On a second finding of contempt, performance of community service of up to 120 hours, and imprisonment of up to 120 hours, for each count.

The court must take also take the parties' employment schedules into consideration when ordering community service, imprisonment or both.

For more information about filing for Contempt in Orange County, contact an Orange County family law lawyer for more information.

Source: T.O. catches up on child support payments, avoids jail

In California, one's request for child support is primarily based each parties' gross monthly income and respective timeshares of the child, among other factors. In this case, Corey Feldman's ex-wife is requesting that he pay $307 per month in child support. Why so little? It turns out that Corey is only earning $1387 per month in income. No information was available regarding the timeshare that Corey has with the child.

Additionally, the former Mrs. Feldman is also asking that Corey provide medical insurance of the child and that he pay for 1/2 of unreimbursed medical expenses.

From an Orange County divorce lawyer's perspective, the determination of child support is based upon the gross monthly income of each parent, timeshare and any additional monthly deductions (i.e. mortgage interest deduction, property tax deduction, etc.) and other factors, which his determined on a case by case basis.

If you have a child support obligation, pay it, unless you need to modify it for some reason. Remember that your failure to pay child support could result in severe consequences, including the Department of Child Support Service's authority to take away your driver's license or place a hold on your US Passport.

At any rate, contact an Orange County divorce lawyer if you have any Los Angeles County or Orange County child support issues.

Source: Corey Feldman's ex asks for $307 in child support