Divorce

Divorce

Thursday, September 26, 2019

"Supervised Visitation"... and Does It Work?

From what attorney has seen in cases involving supervised visits, some parents do quite well and others fail to even do the supervised visits?  In some cases this is a problem but in other cases we have seen judges ignore non compliance and just keep the case moving along?

In many cases, supervised visits go along with Domestic violence and TRO cases...if one party is not represented, that party usually does not fare so well (because attorney on other side will represent the opposite client, while unrepresented client will become understandably unhappy...)
Domestic violence is one of the worst type of cases to work on due to the high stakes involved, the emotional aspects, and the common failure of some judges to believe what actually happened?

**LIMITED SCOPE REPRESENTATION**


 Unfortunately, those without representation often do not do that well since they are fighting against an attorney--however, if the non represented client can hire an attorney on Limited Scope basis--ONLY for one aspect of the case, it is possible that client can make headway in the issue that really requires legal help.  It would depend on how long such issue will take to resolve for most part.

If you believe you have an issue that would benefit from Limited Scope Representation, please do call and inquire; there is no charge on consultation.

Thursday, September 19, 2019

New 2019..Fed TSA Updates Marijuana-Don't Ignore Law and Lose Custody

According to the TSA.gov site, the "medical marijuana" section now states that hemp derived CDB products/medications or those approved by FDA, are legal as long as it's produced according to the regs defined by law under the Agriculture Improvement Act of 2018.

 Supposedly medications which qualify can be inside checked and carry on luggage, with special instructions. The TSA says that possession of MJ and certain cannabis infused products (including SOME CBD oil products, still remain illegal under federal law. )

Purportedly the TSA officers are required to report any suspected violations of the law which would include possession of MJ and certain cannabis infused products. * https://www.tsa.gov/travel/security-screening/whatcanibring/items/medical-marijuana   It's clear as mud, maybe!!

Let's just say this: attorney has been through many airports and is usually held aside and must go through some nonsense about 40% of the time. Then after so many trips up and back to San Diego, the hold-asides became less frequent.

SO, how might this related to YOUR case, or family members? Well, obviously if no one knows what the TSA rules are, and you are the current custodial parent, and you get arrested in the TSA line and they take your kid, does that sound like something you want to happen????  And that was because you did not follow the rule, or didn't know the rule?  Very easy to see the other parent running to court to get rid of your current visitation????   This could easily happen, unfortunately.

The Transportation Security Administration has updated the “What Can I Bring” section of its online regulations to reflect news of an FDA-approved epilepsy medication containing CBD oil.

Also, supposedly TSA security officers don't search for MJ or illegal drugs, BUT if an illegal substance IS discovered during security screening, they will refer the matter to a law enforcement officer.

Wednesday, September 18, 2019

Why Attorneys Talk about Social Media Evidence

Talking to Clients About Social Media Posts
(from blogs.findlaw.com)
The American Bar Association has issued 12 ethical rules for lawyers, dealing with social media. These include:
  • You should tell your clients about the privacy settings on various social media platforms and how to make them as private as possible.
  • You cannot tell clients to destroy existing relevant posts, just like you can’t tell a client to destroy any other existing relevant evidence.
  • Relatedly, you must inform the client of the potential negative consequences (if they do destroy existing evidence on social media...)
  • You cannot contact or communicate with your clients through social media.
  • You cannot contact potential witnesses on social media through pretext.
Failing to follow these rules can leave you, and your clients, at risk. And if you tell your clients to “clean up” their social media without providing specific directions, in writing, “spoliation sanctions” won’t be such a fun phrase to say anymore......
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This type of information above, just shows that attorneys must be diligent about social media, and preferably, should ensure that clients understand that posting on social media (which of course, include Facebook) can have some pretty bad fallout, especially if there has to be an investigation into posts that had key evidentiary value, and then were found to have been removed?    
 Most clients do not understand the required steps required in order to introduce evidence of texting , for example;  how judges want such data to be arranged, shown or displayed in court; emails have a slightly easier time; posts that are regularly taken down by the website or host can prove to be more expensive when attempting to show time frames. Most of online data these days is subject to current discovery rules and because new platforms can often change quickly, the cost to resurrect such data can possibly be both high in cost and time.

Saturday, September 14, 2019

Cheating Spouses Caught due to Syncing of Devices?!! True.....


When clients keep using the "SYNC" capabilities, knowingly (or un-knowingly) whether on their phone, tablets, computers, etc.-- it is just a matter of time that will prove that having everything SYNCED to each other's devices-- IS A SUPER, SUPER BAD, BAD, BAD, IDEA????  We have seen more than several cases  in different counties, where an ex spouse somehow got the former spouse's data (text/photos/etc.) "synced" to a personal tablet or equivalent; and other cases where the "sexting" between phones was also "synced" to a personal device, and then printed out for the COURT????  Possibly by the attorney?  

Unfortunately, this type of case can become very expensive, and difficult due to the forensics, data preservation, correct tracing, and then, if needed, the forensic testimony of an expert?  It would depend on facts of the case, as some judges will not admit evidence unless every single iota of law has been qualified, and in data issues, this can be burdensome due to new discovery rules on data/transmission of data. Further, the time it would take will increase, thus expenses are increased to the client.
 




In  these types of cases, one  spouse or former parter either found out about the other partner's  new  interest, or was able to obtain the personal text between the new interest and former spouse.  This is exactly what you do NOT want to happen?  Whether or not the data was of personal or sexual or other personal data or photos--this is NOT what we want to see in court cases involving divorce? and  purposely PUBLISHING this personal data might be grounds for both a civil or personal cause of action under the law?  Depending on the severity, it is possible this would amount to sancionable conduct? 


Current case law indicates that this is not something you want to get into trouble for??? We know, as we have seen more than several of these things keep happening!!!  In fact, such facts were the basic ground for invasion of privacy in a domestic violence case? [The only reason we dropped the DV was because the client agreed to do it; otherwise, it was a perfectly valid DV case based upon strong facts.] 


If in fact,  you believe that  you are a victim of such conduct, whether in a family law case, or even just in a personal relationship, consider contacting attorney. Legally, we don't like to see these actions happen, but they are becoming more and more apparent. Such illegal actions can not only ruin one's reputation, it can cause job loss, intimidation, harsh reaction that would never have arisen, creating intimidation and loss of privacy, lost work hours, and much more, including personal injury.







Thursday, September 12, 2019

Dissomaster- Determine Your Support or use DCSS Calculator Online


Image result for photos paying child support

https://childsupportca.com/child-support-top-eleven-tips-report/
https://childsupportca.com/the-dissomaster-program/

This program  is not free to use, you have to pay a fee.....   Attorney does use this service  to have support calculated and finds that it is just as accurate as the Dissomaster done in the Courtroom.

  We have found it to be as reliable as the court calculates it, so therefore, it's worth it to have it done, because we feel it saves time and money. 


OR-- You can go online to the CA DCSS calculator: https://childsupport.ca.gov/calculate-child-support/ 

 [This is free to use and will generally be in the ballpark if you know the data needed and IF you actually calculate it correctly.................] 


.....AND-- here is the PDF with instructions just in case you want to read it and use it:  https://childsupport.ca.gov/wp-content/uploads/sites/252/Misc./Calculator-User-Guide-1.pdf



The Dissomaster program itself,  is an expensive program that many attorneys pay for yearly. Attorney only works part time and has no need to spend funds for the Dissomaster program on a weekly or daily basis, so even if you are doing your own case, this service (the fee based calculator) can still help you and normally they allow you to have X number of revisions within a certain time frame.

There is only so much one can do when it comes to calculating support. A self employed parent may end up paying less support due to the way the taxes are calculated. However, one should consult a tax professional ahead of time to figure out if your own business can help you save on taxes or support!]  If in fact, you have a former spouse that is hiding income, you will have your work cut out for you. That is never an easy job.

Some cases cannot be won no matter what, whereas other cases can be, but they will take time. Still other cases involve so much past garbage, that the garbage has to be reduced to get a good result.
Having done this type of work for so long, attorney understands what people want. And most of them want to win the case, while others just want some changes.

Knowing the Dissomaster down to a science is not actually required, if you can pay someone to do it correctly? Just sayin'!!!