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Types of Bankruptcy in California

May 7, 2021 / / 0 Comments

Many families, business, and individuals file for bankruptcy every year for a wide array of reasons. In California there are four common types of bankruptcy cases that ultimately work to help people and corporations repay their debts in a more feasible way. Below we review these four types of cases, who they apply to, and where you can go for legal support in California for bankruptcy.

Chapter 7

In order to qualify for chapter seven bankruptcy in California your income must be below a predetermined amount and you must allow the court to sell your assets to pay off your debts. This means any assets you possess minus certain exemptions will be sold, granting debtors what some call a ‘fresh start.’ Keep in mind you can only file for chapter seven bankruptcy once every six years.

Chapter 11

Chapter eleven bankruptcy is typically for businesses and corporations in debt, but is sometimes available to individuals as well. This option allows debtors to reorganize or restructure their debt so they can keep their assets while slowly paying it down over time. Not only is chapter eleven bankruptcy the most flexible, but it also does not have limits on the amount of debt one can be in.

Chapter 12

According to the U.S. court system, chapter twelve bankruptcy is specifically designed for ‘family farmers or family fishermen.’ It’s a simplified version of chapter eleven bankruptcy that allows these farmers and fishermen to carry out repayment plans to their creditors over three to five years, without surrendering any assets.

Chapter 13

Chapter thirteen bankruptcy is similar to both chapter eleven and twelve, but is designed specifically for individuals making a typical income. Debtors who qualify for chapter thirteen bankruptcy will have to repay their debts over three to five years while being allowed to keep their property.

Final Thoughts

Year after year, millions of people file for chapter seven bankruptcy, frequently those going through a divorce. Often, a discharge of consumer and tax debt through bankruptcy can be the key to unlocking your financial hardship. Contact our firm in Orange County, CA today for legal support with family law, trusts, bankruptcy and more.

Vacation Time and Child Custody

April 20, 2021 / / 0 Comments

Imagine this: it’s the holidays and everyone is ready for a vacation. People are excited to take a load off and spend quality time with their loved ones. Maybe they’ll take a road trip or go out-of-state for sight-seeing and new experiences. However, this can be a difficult and tense subject to navigate between divorced parents. Planning vacation time can come with its own set of challenges especially when it involves a child custody agreement and limited scheduling.

Scheduling Vacation Agreements

For those who are still working through the details of a child custody and parenting plan, it’s important to clearly define vacation time between you and your ex-partner. All parents want to spend time with their children and for divorcees, having a coordinated vacation schedule will help prevent conflicts by setting some ground rules.

Talk to your ex-partner and clearly define what can and cannot be done. Here are a few examples of what to agree upon:

  • Determine agreeable vacation destinations, whether it be local, out of state, or out of the country.
  • Set equal vacation days so your children can spend enough quality time with both parents.
  • Discuss activities that the children will participate in during the vacation.

Some divorced parents may choose to establish specific dates each year in which they can take their children on vacation. Others may choose to have unspecified dates instead, but are required to notify the other parent in advance of when they plan to take their children on vacation. Regardless of what option you may choose, it is important to be clear and communicative with each other.

Be Transparent with Each Other

Incorporating vacation plans can be difficult and tedious but it’s important to prevent conflicts. In order to be transparent with each other, some divorcees may opt to put plans into writing to ensure each party is aware of the set guidelines. If you decide to make any changes to your plans, remember to inform the other. If an emergency were to happen on a vacation, it’s important for the other to be aware of where you are and what you were doing. Understand that remaining communicative with each other is the first step in overcoming conflicts in a child custody agreement.

Conclusion

Establishing a vacation plan can be overwhelming, but by following agreed upon guidelines, divorced parents can easily navigate and coordinate with each other while spending quality time with their children. Here at Family Law Richard E. Young & Associates, we help divorcees navigate confusing and tense child custody agreements. If you have any questions or concerns, contact us at (949) 951-9529 or visit our website to learn more about our services.

How to Get Your Restraining Order

March 18, 2021 / / 0 Comments

The night was still young as Chelsea started walking back from her friend’s house. The crisp breeze pinched her skin as she paced through the dimly lit neighborhood. Chelsea confidently strolled to her home, knowing she did this all the time. Looking at the familiar street sign, she casually crossed the street to her loving home. Oblivious to her surroundings, a boy from her school was following her every move. Before she could step into her house, he approached her. Chelsea started to shudder with fear because this was the fifth time he did this at night. Immediately, she rushed inside her home before he could say anything to her. Hearing the door slam, Chelsea’s parents ran toward their beloved daughter. Her eyes spilled out with tears while she tried to explain what’s been happening to her. Chelsea’s parents knew the step was to get a restraining order.

What is a Restraining Order?

            A court of law provides restraining orders to keep two people apart. Whatever the motives behind them, a violation of a restraining order carries large criminal consequences. Even if the perpetrator is calling or texting the victim, this can be a misdemeanor. The perpetrator can have possible jail time and a costly fine of $1000 for violating the court order. The penalty can increase to $2000 if an injury occurs. Besides, the most jail time for a violation is mandatory thirty days. Consistent violations result in a felony or misdemeanor. Depending on the severity and time between violations, fines and jail time can intensify for a perpetrator.

Prosecution

To be convicted of a violation, the court needs to see three things. The first thing is that the restraining order had to be intentionally broken. If the order was broke accidentally, there could not be any conviction. The other factor is if the perpetrator knew that they had a restraining order against them. In some circumstances, the court can order a restraining order without the perpetrator even knowing it. Lastly, if the perpetrator lives close by or works at the same place as the victim, then the court order will be impossible to obey and not be granted conviction.

Conclusion

A restraining order can seem complicated but can help people like Chelsea. Restraining orders are an excellent way to protect you and your family. Yet, it is also good to know how to be prosecuted for violating a court order. You deserve to have justice and feel safe. Whether you have been a victim of stalking or unjustly accused of breaking a restraining order, Family Law Richard E. Young & Associates can fight for you. Our services include family law, trust law, bankruptcy law, and more. Visit our website for more information.

Three Disputes Your Family Law Attorney Can Help With

February 26, 2021 / / 0 Comments

Dealing with legal issues on your own can be burdensome, but with a professional family lawyer by your side, there’s less to worry about. A family law attorney can handle your legal problems and represent you in the court of law, if needed. Such issues include divorce, prenuptial agreements, and other related matters. Furthermore, they can act as mediators if disagreements between spouses and family members become complicated. Learn more about what a family law attorney can do for you!

Divorce Issues

Divorce is difficult. This not a happy time for couples because emotions can be high. Coming to an agreement is hard to do, so this is usually when lawyers step in. They act as a mediator between the couple and approach issues lawfully. It is in their best interest to settle matters calmly and not have to go to court. When an agreement is met, they move along the divorce swiftly by having the couple sign paperwork and other legal documents.

Prenuptial Agreement

Before a couple gets married, a prenuptial agreement is drafted to identify each spouse’s property and assets in the event of a divorce. This agreement can be drafted with or without a family law attorney present. However, with help from an attorney, they can oversee the contract and confirm that the legal information provided is agreed upon. Once both parties approve, the document is signed and copied.

Child Custody Agreement

Figuring out an arrangement to care for children after a divorce or separation isn’t easy. There are many variables when it comes to the parent’s scheduling, travel distance, and so on. Sometimes, lawyers need to get involved because it can be a complex matter. A family law attorney will be there to find a resolution between the parents and have the best interest of the child(ren).

Conclusion

Family disputes can be complicated, but not when you have the right lawyer alongside you. When you call Family Law Richard E. Young Associates, you will be directed to a professional attorney within our firm. We handle cases ranging from divorce to child support, so let us resolve your family law issues today. CALL (949) 951-9529 NOW!

Types of Visitation Orders

January 29, 2021 / / 0 Comments

There are many specific procedures used in family court that work to maintain a fair and safe environment for any children involved. Oftentimes judges in family courts will issue visitation orders, or rules about how and when a parent can share their time with their child’s other parent. Below we discuss the three most common visitation orders that are issued in family court.  

Supervised Visitation

This type of visitation order is typically issued when there’s a concern for the child or children’s safety or wellbeing. In this situation whenever the specified parent visits with their children they must be in the company of another adult, the other parent, or sometimes even a hired professional.

No Visitation

Judges will not issue this type of visitation order unless there is a clear and obvious threat that the children involved would be exposed to physical or emotional harm in the presence of the specified parent. Sometimes before visitation can be reinstated in this situation a person must attend counseling or complete a drug test.

Scheduled Visitation

Scheduled visitation is common among parents who are cordial enough with one another to respect a set visitation or custody schedule. These arrangements are typically predetermined and agreed upon in advance with both parties and a judge.

Final Thoughts

In family court visitation orders are the best way to ensure that any involved children are safe, nurtured, and placed in a visitation arrangement that works to give them the best chance at being the most successful.

If you or someone you know is going through a divorce with children and needs reliable representation to help with custody, visitation, child support, or any other family court matter, call on Family Law Richard E. Young & Associates in Lake Forest, CA.

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