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Sunday, June 27, 2021

Attorney C. Chan = The Fixer of Bad Cases!

Attorney has seen many, many cases that never had to get to the point that they are at--IF at least one client had changed some key methods.
 But it is to be expected that clients can't always fix their cases since they are wound up in the turmoil... right?


From attorney's outside view....fixing most cases is possible. It may not be fast. But it is likely doable over time.
Also attorney finds that clients must sometimes modify their own actions and that of the kids as well.

Apparently attorney herein is not alone when realizing that the FIXER name is known even by other attorneys, for example.... attorney just saw this online, and it is exactly the view of attorney herein........ at https://njfamilylaw.foxrothschild.com/2018/10/articles/general-new-jersey-family-law-news-updates/when-you-cant-find-a-better-man-five-tips-to-consider-when-preparing-for-divorce/

  1. Find the right “Fixer”:  The divorce process can be beyond overwhelming for countless reasons.  When searching for a divorce attorney, consider not just looking for someone who is experienced in family law. 
  2. Consider retaining an attorney who you feel comfortable talking to.  Who you can trust.  Who you can confide in and discuss certain aspects of your life and your marriage that you may not ordinarily feel comfortable speaking about with anyone else.  Who is responsive and reliable.  
  3. Who can ultimately advocate for you in the way that you believe best serves your interests and those of your children.  Who will listen to you and be mindful of what you are looking to achieve.

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There is no point to keep doing the same mistakes over 
and over and expecting a different result?

Therefore if the thing that needs changing just happens to be under your authority, then that's likely where the change needs to be made.  Judges get tired of hearing the same old stuff every day in court.  Pretty soon they are on auto pilot, don't seem to hear what you are saying, and send everyone to required "mediation."
  But mediation doesn't change people.  

BE VERY VERY AWARE: MEDIATION IS A *REQUIRED *PROCESS -- 
BUT IT IS NOT NECESSARILY A SOLUTION IN MANY CASES. THERE ARE MANY DIFFICULT SITUATIONS THAT WE HAVE SEEN, WHICH SIMPLY CANNOT BE "MEDIATED" AWAY FOR A RESULT.

         A judge should not be allowing a defendant who is under Criminal Protective                            Order, with prison history, heavy drug use, unauthorized hiding of kids  (after obtaining an intent to withhold for 3 months?) . ... to have custody of kids that one parent has abused...but that is what we have seen?

Change cannot take place unless someone or something makes a change--it likely won't happen by itself. So in mediation, judges just read what the mediators have written down. Typically judges tend to rubberstamp mediation reports about 75% of the time, *however* that does not necessarily mean you will lose. Unless agreed upon by the parties, a trial can be held over a disputed mediation report. This can become very expensive, especially if you hire a court reporter. When and if the clients don't follow what they are to do according to the mediation report, we see repeated issues over and over and over.  Clearly the parties MUST implement some change somewhere.

So the biggest problems are usually that all of the parties:
1.  Don't want to change their behavior, or do not know how;
2.  Don't want to jump through hoops
3.  Don't want to have to do anything that is inconvenient
4.  Don't want anyone telling them what to do.




Note---if you read the above words in the black box, and take offense to it, please stop reading
now, because attorney would not be able to help you. The reason is, attorney is highly realistic and will not sugar coat facts, particularly where that would end up making the case worse.
         Adults must learn that to be treated as an adult, we need to stand up for ourselves. It's one's own job to do that. IF you cannot do that, it is likely attorney will not be able to MAKE you do it; attorney can only give advice, NOT make anyone take or follow it. In fact failure to stand up for yourself may have contributed to your position currently--but if true, and you are trying to improve, then I salute you for trying. It's a start and it's better than doing nothing!
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It's pretty simple that if your spouse or significant other...has a difficult personality or is bipolar, a narcissist, a pathological liar, a liar for most of his or her life,an emotional misfit, schizophrenic, or a negative, blaming, jealous,overly suspicious...conniving...threatening...over the top nutcase, alcoholic, drug user extremist,child beater, law breaker,alcoholic, hard drug user,gambler,no drivers license, no job,no common sense,and keeps doing the same crap over and over then you likely either need to get professional help or a new doctor or another helpmate? When one realizes that the other person posesses a difficult personality, takes meds for behavioral issues, or has been diagnosed with A B or C,  your case will take more work. Not every child should be raised primarily with a parent that has NO parenting skills at all.

But sometimes we have to make the best out of a bad situation. And sometimes that may mean we will be required to jump through a few hoops also.
     For most parents, this is doable. For some parents that have mental issues/or blocks, they will refuse to do whatever it is.  In those cases, the parent that won't comply will inevitably suffer in the long run. Because it isn't about you so much, as whether your behavior will or will not affect the kid or kids to a large degree.

As an example, a couple with kids  where one parent has serious issues and is not suitable as the
primary parent, will continue to battle the other parent for years in trying to keep his/her domain over the kids.

Obviously this person should not be primary custodial nor should he/she even have the kids overnight--that's when we start to have some really large damage with the kids... and to prevent that from being a vicious circle, someone has to step in.

Minor's counsel is NOT always the answer, and attorney has seen that minor's counsel is often given cases that will not change. Reason being, not all parents should be using "co-parenting".

Attorney has seen some pretty bad cases and co-parenting simply doesn't work well in really bad cases.  If you have that situation, call attorney--she may be able to restructure your case.


Examples of bad cases:
The father had apparently used inappropriate sexual conduct with minor female kids, kids taken to SCAN clinic in Sacramento, verifying abuse; father ended up with no contact, case was in the newspaper (all data changed for privacy) Father was forcing kids to watch sex videos with him...

                                   Mother was a drug user but able to outfox drug testing; father installed
hidden camera and was able to gain proof, leading to father obtaining the kids legally.

                                   Mother absconded with minor kids to another state; we hired a P.I. and locator to find location from cell phone data. Court ordered the Mother to return with child;
        in another case, Father hid minor children in Bay Area, changed their appearances. We obtained ex parte order for Father to return kids or be arrested. He returned the kids, Mother took back custody.

                                   Father believed Mother was allowing minor kids to be molested by either boyfriend or other male. Hired P.I. to assess Mother's whereabouts and meetups, determined which males were staying with Mother. Then had uninvolved trusted third party query kids and found out which person was the suspect. After this, the kids admitted it was happening. Mother lost custody.
                               
                                   Father was told by minor children, that the Mother was beating up the older child, a female, age 10. Attorney arranged to meet the Father/new wife and both minor children at the local Mc Donald's, (we did not tell the kids that attorney herein was an attorney)...in course of conversation, the 10yr old was quite lucid and revealed in fact that the Mother was abusing her and sometimes the younger brother. The sheriff and CPS were contacted; CPS later stated that in this case, the 10yr. old child was very bright and gave specific details about the abuse. The children were both placed with the Father -- and Mother never attempted to gain visitation (not even 5 years later!)

One of the worst things that can happen to unprepared clients is to ignore the fact that if they are not married, and fail to file a paternity action in court, the other party can simply take the kids and leave the city, county or country, without the other parent knowing. Obviously this is kidnapping on a different level--but it is easier to get kids back if there is already a paternity action filed, because usually the District Attorney (which has government ability) can use their authority to expedite the search, since the paternity filing typically asks extensive background questions as to the parents.  And if the parents had told the truth on the initial documents, the police authority and FBI Would have had more data at hand.
                                  Worst case: this was not attorney's case--BUT--a Father married to a former citizen of a European country, had two sons with the wife. The wife later absconded with both children, and although it was known what country they went to initially, it cost so much money that eventually the Father had to give up. He has never found the kids. [It might be when the kids are adults they might locate the Father on their own..]

                                   Non custody case: Mother and Father owned several houses, upon separation they lived in the separate houses; the court in Butte never got the case to trial, despite the so-called "track" program that had a rule that each party must agree to a certain date; so when parties did not agree, the case went back on the "track." Unfortunately, that system was not really how legal cases should get to trial (there are actually rules)--so the Mother did not get to trial until 7 (yes seven) years after the divorce was filed.
 On the stand at trial, attorney herein caught the Father lying about his bankruptcy petition (we had a copy of it)--and that was when the Father's attorney called time out, and offered us a deal giving the Mother a large sum of cash to end the case. It was a glorious day!

#1NOTE: “Case results depend upon a variety of factors unique to each case. Past Case results do not guarantee or predict a similar result.” 

#2NOTE: IF you and/or spouse intend to file bankruptcy and you will be in the divorce at that time, you should FIRST  seek counsel from a bankruptcy attorney, as the timing of the filing can impact the divorce and it may be subject to the automatic stay !!~ Nearly all of the bankruptcy documents are filed online and normally you will need a PACER account to view online data. Attorney has done cases in Eastern District Federal Court+Bankruptcy Court (Sacramento), and  is licensed in the following CA federal courts (Eastern District, Southern District, and Northern District; and the State of Colorado Federal District Court.) Attorney is able to answer most questions re filing bankruptcy (which would likely be in Eastern District Court, Sacramento.)
                                     


Friday, June 18, 2021

The Truth about Spousal Support and Winning Big Somehow!

Of many of the things that people hate--one of the worse complaints seen, is when someone has to pay spousal support to someone they don't like anymore? It's not like we don't get it, I believe everyone understands it, but no one likes it. If someone is really worried about ever paying such support, it is best to never get married, or to have a prenup that will do away with it to start with. I am actually surprised that the spousal support laws are still in existence, because back in the day when women didn't work has been gone for quite some time. Anyone who doesn't have to work is usually either very wealthy or just plain lazy. Of course some people may be disabled and can't work. Nevertheless, the spousal support rules are still in place. Under certain conditions, such as if a divorced person decides to shack up with a new boyfriend, then this might stop the ability to obtain further spousal. However there are very few conditions which stop spousal support generally.
Most people getting married never think of such topics, however since about half of all marriages end up in divorce, one would think that some planning should be done just in case. How Does the Court Determine Spousal Support? Spousal support is gender-neutral, meaning either spouse can request it from the other. However, the hallmark rule in any spousal support case is that the requesting spouse needs the support, and the other can provide it.

If you can't pass this basic test, the court won't award any support in most cases. And in some cases, if you are convicted of domestic violence, the court may decide that you are not exactly worthy to even receive spousal support in some cases--this is an interesting area of law in California, and is too involved to discuss fully on this blog. (If this happens to you in reality, run to the best attorney you can find!) For temporary support requests, the court will gather financial information from each spouse, including information about income, expenses, assets, and debts and then determine an amount using a temporary support calculator. Spousal support in California-- generally--- the court will determine each spouse's income and evaluate the following typical factors to determine a final amount for spousal support, usually there are about 14 factors, give or take..... =============================================================================== The parties' earning capacity, the extent to which the supported spouse contributed to the other's educational degree or professional license during the marriage; the paying spouse's ability to pay spousal support, considering earning capacity, earned and unearned income, assets, and standard of living; each spouse's needs, based on the marital standard of living each spouse's debts and assets, including separate property, the length of the marriage, the supported spouse's ability to become employed without interfering with the care of the parties' minor children, each party's age and health, whether there is a documented history of domestic violence against either party or the children, tax consequences to each party, the balance of hardships to each party, the goal that the recipient spouse will be self-supporting within a reasonable period of time, any criminal conviction of an abusive spouse, and any other factors that the court wishes to consider (CA FAM §4320.).
These cases can become quite interesting as there will always be cases that have some different and key attributes that may either impinge on one party, or create a windfall type of scenario to another party. For example, in the unlikely scenario that one divorces and then wins a huge lotto amount-- let's say $500,000--this could really be a detriment to the paying spouse!!! Anyone who gambles big, best not to put their personal money into such things until you are actually no longer living with the spouse and are already separated.
A difficult example might be where one was gifted money from a family member, it was not earned income, it was a gift--then you take the gift money and win $50k--would the $50k winnings be counted as "income" during the marriage, and would you have to give up and disclose all of it? I am not absolutely sure that you would, as it was not community money, it was a gift to you. [Of course, even if you are already separated, and did win, you would still have the big money and it could still be counted toward spousal support, but the former spouse would not automatically get 50% of it since you were no longer living with the spouse.] It is a well known fact that a lady in California actually DID win a huge lotto, but she was still married to the husband, and when she won the lotto, she just divorced him but never admitted or disclosed that she won the lotto. The ex husband accidentally found out down the road, and he re-opened the divorce because she won the lotto while still married? You see what I mean? Because she did NOT ever disclose that fact, the court made her give up the entire amount to the ex husband!!!!!!