Family Law Richard E. Young & Associates

Your Advisor on - Family Law | Trust Law | Bankruptcy Law | A Master Lawyer

The Benefits of a Child Support Lawyer: Men Have Rights Too!

Traditionally, when a couple separates and a child is involved, the father pays child support to the mother. However, in modern times, courts are recognizing that giving the mother automatic custody of the child may not be for the best.

With this being said, sometimes it is the father who is granted custody and the mother pays child support. Many factors help to determine the outcome of child support cases. For men that are in need of great representation, help is out there. Read on for more information.

Fairness

A lawyer will ensure that things are fair. A legal professional will ensure that your case is heard properly and fairly. For instance, if the mother of the child earns a higher income, she may be ordered to pay child support instead of the father. In cases such as this, child support is paid to ensure that the child is well-taken care of. A legal professional will assess the facts of your case and help you make sense of your options. They will also defend you with excellence in a court of law.

Total Income

A child support attorney will determine whether or not both parties total income is accounted for. Income considerations for the purposes of child Your lawyer will keep an accurate record of all income. support vary from state to state. However, a skilled lawyer will review the earnings from each parent and ensure that all income is reported accurately.

Correct Calculations

Your lawyer will check accuracy of deductions. In legal proceedings, a qualified attorney can also ensure that deductions from your income are correct. Many times, mothers will take more than what they are entitled to from the father’s earnings. With the help of a professional, this can be prevented.

Child Support Order

A court may find that the child’s mother is required to pay child support. However, if the mother refuses to do so, your legal professional can step in. TheyYour lawyer can argue for a child support order. can place the wheels in motion to enforce a child support order. Should further issues arise, your attorney can negotiate terms with the mother or defend you in court.

Conclusion

Gone are the days of child custody automatically being granted to the mother. Now, men are being recognized as more fit to raise their children, which includes receiving child support payments. However, in situations where obtaining what you truly deserve becomes a problem, a skilled attorney will be there for you when you need them the most.

How to Have a Successful Mediation

When going through a sensitive legal process, tensions can run high. Because of this, many legal professionals recommend mediation services. They are straightforward and not as lengthy as a typical trial. However, if not done correctly, these can also become ugly. Below, we’ve assembled some of the top tips for having a successful mediation, we hope you find it helpful.

Preparation

Preparation is key. During a mediation as well as in a trial, preparedness is always the standard. Any paperwork, documentation, or photographs that pertain to the case should be present at this time. Without this valuable information, you won’t have a leg to stand on. In an effort to prevent an automatic victory for the other side, always be ready with all the necessary materials and facts you’ll need in order to support your case.

Patience

Though mediation is typically less daunting than a trial, sometimes they can take longer than expected, especially if the parties are having trouble Sometimes it takes a while to reach a solution. reaching an agreement. Disagreements can often lead to frustration, rage, and even the desire to abandon mediation altogether. However, it’s imperative not to think that way. It is still possible for both parties to reach a resolution that works best for everyone. Patience is key.

Compromise

Arriving at a resolution is better than enduring a trial. The goal of mediation is to come to a decision that both parties can live with. Unfortunately, both parties aren’t going to get everything they’d like. But, coming to a resolution is more beneficial than enduring a grueling trial. If the parties are willing to set their differences aside to achieve common ground, the process should run smoothly and painlessly.

Conclusion

The legal process can be extremely tough. All the changes and loopholes are enough to make your head spin. Whatever the case may be, your best solution is coming to a mutual decision to handle things in the best way possible. A mediation will allow you to avoid the formality of a courtroom and reach a reasonable resolution. We know that with these tips on hand, you’ll be able to handle your own mediation with confidence, hope, and patience.

Managing a Difficult Divorce With a Spouse

What’s more emotionally taxing that going through a divorce? Going through a divorce with a particularly difficult spouse. Marital separation is a process rife with legality, compromise, and deliberation and one that asks for quite a fair bit of mental fortitude. Throw a spouse into the mix who’s at the ready to toss in some healthy servings of personal hang ups and a dash of hostility for the hostility’s sake, and you’ve got yourself one particularly stress-inducing battle ahead of you.

Of course, stress is exactly what the opposing party wants from you. By getting you to act emotionally, they can hurt your chances of walking away with things like custody or your current property. We’re here to remind you that dealing with a difficult spouse is just par the course when it comes to divorce and that there are some helpful mindsets you can adopt that’ll make the process less of a slog for all parties involved.

Don’t Focus on Convincing Your Spouse

The goal of any argument, before it devolves into a screaming match, is to convince the other party that your opinion is in the right and more logically fortified. Do yourself a favor and shake that notion out of your head before it ends up costing you in court. If communication was a particularly weak suit in your relationship, odds are it’s not going to get any better in courtroom or at a table with lawyers present. Emotion will absolutely trounce logic in a conversation with your spouse, especially if they’re going out of their way to press your buttons. That being said, work with the healthy relationships you do have and be entirely candid and open with your divorce attorney. The more information they have on your current circumstances, the better they can help. Opting instead to take that more logical approach with a hurt spouse can just end up weakening your case.

Focus on Changing What You Can Actually Change

Building off of what we mentioned above, it’s also important to keep in mind that narrowing your focus on the problems your spouse is causing is a recipe for disaster. If you know there’s no hope in changing their mind, then the most constructive thing you can do is shift your focus inwards. Take a moment of self-reflection to come to a conclusion on the changes you can make yourself that can help your case. Start by gathering and organizing all of your legal documents and open your own solo bank/credit accounts. Compose and recollect yourself and all of your necessary legal requirements and present the best version of yourself when fighting for your rights.

Maintain Good Connection

This may seem contradictory to everything we mentioned earlier, but, as much as you wish it weren’t so, communication is a requirement in a divorce even if your spouse is being particularly difficult. The trick is to set up a grounds for your chat that curbs most of your impulses to fight. For example, meeting at neutral ground like a coffee shop is well advised. If you feel like any face-to-face meeting is doomed to end in a screaming match, try and set up communication over text or email. You’d also do well to keep documentation of the conversations you have with your partner as well in case something they say or do can be used in court.

Conclusion

Divorce is a trying process for both parties. Odds are one or both spouses feel hurt and it’s easy to let emotion take the reins in a case that should otherwise be treated logically. Remember to fight the urge to resort to mudslinging and name calling, these only make your case seem less logically sound and, should you have a child in the middle of it all, could end up hurting relationships that matter to you.

The Domestic Violence Laws of California

We have spoken in the past of the different types of restraining orders those residing in California can rely on to ensure they are protected from offenders. However, it’s also worth focusing on situations that occur when your personal safety is violated, specifically domestic violence laws.

Obviously, domestic violence is never acceptable in any context, and you should always consult with your local police and eventually an attorney who specializes in these types of cases when charges are brought forward. But for now, we’re going to take a step back and go over some of the things you should know about these matters in California so you understand your rights.

The Definition of Domestic Violence in California

So let’s get to the basics first – what constitutes domestic violence in our fair state? The parameters are far greater than simply when a person lays their hands on another. This can also consist of threatening, stalking, abandoning, and damaging the property of the victim.

As you can see, there is a level of distinguishing that California law recognizes when it comes to domestic violence. These circumstances apply to an individual who is or who once was involved intimately with the accused perpetrator, and can result in either a misdemeanor or a felony based on the seriousness of the charges.

Who Is Really At Fault

This is where things can get a little tricky, to say the least. There are situations where both parties involved are each a victim of domestic violence. Say, for example, one person was acting in self-defense, was set up to take the fall, or were themselves the prey of ongoing domestic abuse and finally said enough was enough and retaliated. It just goes to show that the response system for domestic violence is imperfect, and those who have suffered the most may either go unheard or get arrested through a misconstrued position.

How to Prove Domestic Violence Took Place

In order for the accused to be convicted of causing corporal injury on their partner, much like in other criminal cases, there has to be proof beyond a reasonable doubt in each element of the case. In California, the attorney must prove that the defendant is guilty of willfully or intentionally inflicting domestic violence which ends up causing a traumatic condition on the intimate party.

Whether the person who struck their partner intended to or not, if the physical act is the substantial cause behind the traumatic condition they’re suffering from, then this proves a natural and probable consequence of their actions.

How to Defend Yourself Against Domestic Violence Charges

Let’s say you find yourself on the other side of the courtroom having been accused of domestic violence yourself. What are you able to do in this situation? Fortunately, there are several defenses available to you.

This includes lack of willful intent, false accusations or fabricated allegations, a setting requiring self-defense involving a reasonable belief for the need to protect yourself, and lack of proof that the act of domestic violence even took place to start with. Any of these matters can be used by the attorney to either have the court dismiss the charges or reduce the charges to a lesser crime such as simple assault or misdemeanor battery. A plea agreement may also be arranged.

What Happens During the Sentencing

In California, the District Attorney has the discretion of whether to charge the guilty party with either a misdemeanor or a felony. This means if the charges brought forward originally constituted felony domestic violence, there is a possibility the felony can be reduced to a misdemeanor either by the court or the attorney.

The sentence typically involves a substantial fine, summary or formal probation, a year or longer in jail, and a restraining order. Those with prior convictions, these charges can increase substantially. Cases involving child endangerment or elder abuse can tack on additional indictments.

As you can probably see, domestic violence cases often require a multi-faceted approach in responding to these circumstances from someone who is able to adapt as new information is presented. After all, as we mentioned, this may be a situation where the defendant is actually a victim themselves.

This is where the relationship between the attorney, the client, and the prosecutor can play such a huge role in determining the true facts of the situation. Learn more about your rights and why you should trust an experienced domestic violence attorney by visiting our website today.

The Benefits of Legal Mediation

Mediation is a great route. If you’re stuck between a legal rock and a hard place, a lawsuit may not be the way to go. Instead, we feel that you should opt for mediation services. Not only is this alternative a more cost-effective one, but you may find that it yields better results. Below, we will share the top 3 advantages of choosing legal mediation for your next negotiation.

Expeditious

When we look at the lengthiness of the legal process, it is clear that mediation is the faster option. Due to the fact that lawsuits tend to take months to years and mediation takes days to weeks, you can rest assured knowing that you’ll be back to your normal routine in no time. The mediation process is designed to be as painless as possible so that both parties can come to a happy medium.

Informal

Unlike a courtroom set up, the mediation process is less formal.  Its lack of strict rules and procedures allows for each party involved to feel more at ease and open. During this time, the mediator is The process is less formal than courtroom procedures. better able to focus on the needs of the parties rather than their stated positions and objections. This fosters greater communication and in turn, leads to a better outcome in many cases.

Preserves Relationships

Mediation can save relationships. Because mediation isn’t built on a win or lose foundation, relationships can often remain intact after all is said and done. During the course of the process, the mediator aims to do what’s in the best interest of each party in order to arrive at a mutual decision. If a process like this were to head to the courtroom, the case may take years, tensions may rise, and friends and families could be torn apart. Mediation is a friendlier alternative to situations such as this.

Conclusion

If you’re looking to bypass months to years in the courtroom, legal mediation is a great option for you. This will guarantee that the parties involved are heard and those valuable relationships remain unsullied. No one is looking to tear each other to shreds. In fact, it’s the mediator’s job to help the parties arrive at a conclusion that is suitable for all.

« Older posts