Civil Litigtion

September 9, 2020

If the court does order you to help contribute toward your child’s college expenses, the law provides limits regarding what you can be asked to pay.

If you have children, you have probably given a great deal of thought to the fact that they will one day graduate from high school and head off to the world of higher education. Of course, along with that idea comes the realization of just how expensive it is going to be to send your children to college. Over the last several decades, the cost of tuition at a four-year private university has more than doubled. During that same period, the average tuition at a four-year public school has more than tripled!

Determining how—or even if—you are going to pay for your child’s college education or child support is hard enough for parents who are still married to one another. For those who are divorced, the decision is often even more complicated.

College Expenses as a Financial Decision During Divorce

September 17, 2019

ADELE DIVORCE

by Law Offices of David P. Schwarz

Singer, Adele, has filed for divorce from her husband, Simon Konecki. She plans to co-parent their son, Angelo, age 6. This is a major child custody issue that is the forefront of their divorce.

The singer, who filed for divorce from her estranged husband in Los Angeles, cited irreconcilable differences as the reason for the split.

Spousal support, as well as the separation of their assets and properties, will be determined in mediation, according to the documents. Support can be long term financial concern for parties during a long term marriage so hopefully that part of the divorce can be settled during the mediation process

According to several media outlets, it is believed that she and Konecki did not sign a Prenuptial Agreement prior to the marriage. This could mean any property acquired by the parties during the marriage will be divided through community property laws. One of the benefits of signing a Prenuptial Agreement prior to getting married is to protect your separate property assets. Another benefit is that if you plan to be married for a long time, you have the ability to set limitations on how much spousal support or alimony will be paid out depending on the length of the marriage. Usually people that have been successful will have a prenuptial agreement written prior to the marriage to ensure her long term royalties do not become split among the parties. Even so Adele could have attempted to draft a post nuptial agreement is she so wished to protected what she had made thus far from her lucrative career and protect all the royalties that she made and would make in the future.

According to California law, in the event of a divorce, in a marriage of ten years or less, the recipient of spousal support is entitled to spousal support for one-half of the length of the marriage. So, for instance, if a couple marries and divorces after 8 years of marriage, the recipient of spousal support will only be entitled to spousal support for a period of only 4 years.

Another interesting issue that has come up in Adele’s divorce filing is that she chose to file for divorce in California. Adele also is a British citizen so going back to England to file a divorce would not be out of the question. She could make things really difficult with custody issues as well by dividing the child between the two countries. However she did not do this. Apparently, the former couple own property in California and Konecki’s business is based out of California. This brings up residency issues. You cannot simply file a divorce petition based on the fact that you own property in that State. In order to obtain residence in California, you must have been a resident of the state for at least 6 months and in the county where you intend to for for at least 3 months. I believe Adele lives somewhere in Beverly Hills so if that is the case, she could file her Petition for Dissolution of Marriage in California and in Los Angeles County provided she meets the residency requirements.

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May 21, 2019

Mother of Nipsey Hussle’s 10-year-old daughter wants child ‘back in her life’ amid guardianship battle

by Law Offices of David P. Schwarz

nipsey-hussele-300x223 Nipsey Hussle sadly passed a few months ago from gun shot wounds. He left behind a daughter whom is now resides with the family of Nipsey Hussle. A Petition for guardianship has been filed in Court by Nipsey’s sister. A Guardianship works similarly like a child custody action in family law court. The Court uses the best interest standard to determine what is best for the child. It is similar to a family court proceeding.

Tanisha Foster is the biological mother of Nipsey’s child. Nipsey Hussle’s sister Samantha Smith filed a petition for guardianship over Nipsey’s daughter, was assigned to a different judge for an initial hearing Friday afternoon.

The judge cleared the courtroom and allowed the mother and daughter to spend 20 minutes together alone in the gallery. Foster wiped away tears as she left the emotional reunion.

April 28, 2019

Child Custody invesitgations are meant to be confidential even for Lawyers

by Law Offices of David P. Schwarz

Psychological evaluations of children are confidential. A recent case has come down in California that enforces the idea of confidentialty and the importance of keeping information gotten from a investigation secret. All of this comes from the importances of keeping our children safe from attorneys and the divorcing parties or child custody litigants who are so angry with each other that they will do anything to destroy each others reputation and credibility.

Sadly child custody investigations are really a result of the vicious lawsuits that are filed blaming the other parent of atrocities worse than warfare. The lack of civility has created an area of family law that has become so often used and abused by litigants that we lose site of our children and their needs and concerns. We forget they are lost in the craziness of the parents and their vicious accusations upon one anther without any merit usually.

“Confidential information contained in a report prepared pursuant to Section 3111 that is disclosed to the licensing entity of a child custody evaluator pursuant to subdivision (a) shall remain confidential and shall only be used for purposes of investigating allegations of unprofessional conduct by the child custody evaluator.” This means that the legislature of the State of California takes the child custody investigation so serious that the actual evaluator is held up to a very high standard of confidence about their report. The protection of the children or child is so high that any release of any information will be dealt with as the utmost breach of trust by the Court of Law. This results again from the seriousness of the child custody litigants who are foaming at the mouth to deface the other parent at any cost. They will do whatever it takes to take down the sanctity of parenthood and any good the other parent might offer the children. It just doesnt matter anymore the gloves are off and the boxing match starts.

October 1, 2017

Robert Kardashian files civil lawsuit alleging Blac Chyna was violent and abused him

by Law Offices of David P. Schwarz

Blac China and Robert Kardashian broke up in July of 2017 after a tumultuous relationship. Blac Chyna went to Court and got a Domestic violence restraining order against the father of her child. But their battle is far from over. While the mother-of-two was ready to go to war with her ex after he posted nude photos of her online without her permission, little did she and her lawyer Lisa Bloom know that the reclusive star had his counter-attack ready! And his youngest sister Kylie Jenner made sure to have his back as well. At the domestic violence hearing the couple entered into a child support and child custody order and avoid further domestic violence litigation in family law court.

What Robert Kardashian has decided to do is take his case outside of the criminal and or family law setting and used the civil litigation path to attack and financially go after Blac Chyna the the mother of his child Dream. The sneaky thing about the lawsuit Robert Kardashian filed is it will have nothing to do about family law matters such as child custody, child support and domestic violence. It will only go after financial compensation. Also a civil lawsuit can go on much longer than a child custody and child support case. If it cannot settle then the case will be set for a trial. It can be set for a jury trial and have 12 people decide the damages. Therefore, Blac Chyna could be in for a long drawn out process she thought was over after they settled their child custody and child support disputes in family law court. In family law Court there is not such thing as a jury trial only in a civil litigation setting can a jury trial be done. In family law there is only a judge by trial case. No Jury.

Rob must have seen their demise coming, because according to their complaint, he documented an incident back in December 2016 when Chyna allegedly abused him while “extremely intoxicated on drugs and alcohol.” She allegedly took one of his guns and was “carelessly playing” with it “unaware if the gun was loaded or if the safety was on,” the complaint states, according to People. It didn’t end there. Rob also claims she tried to choke him later that evening, using not her hands, but an iPhone cord, and he “suffered injuries to his neck.” Chyna wasn’t done; she then chased him and “repeatedly struck him in the head and face.” After Rob ended up outside the home, he attempted to escape in his Bentley, according to the complaint, which caused her to throw “a nearby chair at Rob’s car causing damage to the vehicle and also used a metal rod to injure Rob.” But Chyna did not just take her anger out on Rob. She also destroyed Kylie’s home, which is where the alleged violence took place. Rob claims she owes $100,000 for “damaging a television, breaking down a door, damaging the walls, destroying cells phones and smashing a gingerbread house that was made for the holidays.”