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Tuesday, March 3, 2020

BRAIN TRAIN!! Depression in Divorce Doesn't Work!

BRAIN TRAIN!!

For all of those people out there that are already depressed, agitated, overly anxious, or anything close, please realize that since none of those states of mind will help you get through a bad time, it's best to instead channel the negativity into something that can manifest a clearer thinking train of thought.

While this will not be overly fast or easy, it will be worth it. One of the first things you can do is to not think  of what you don't want--- think only about what you DO want. 


After you have managed to stop yourself from being overly negative, you can test yourself every day.. this can be done by catching yourself with negative or anxious thoughts and saying "cancel, cancel" and then immediately saying a positive version instead. Attorney has long known that the brain can be trained but it takes effort. If you believe you deserve something better, then believe it wholeheartedly, and go after it.  It serves no purpose to continue to think in the negative because that will only bolster a negative result.

Amazingly, one must really want the desired outcome to manifest it. Winning a lotto, while on the surface would seem wholeheartedly positive, actually has many negatives within it over time.
Many lotto winners end up on a pile of rubbish and have no friends. So don't believe that just because something on the surface seems great and wonderful, that it will always be that way.



Nothing stays the same, and training your brain to learn acceptance will, with time, change your life. You don't have to believe me, it's all true and widely known over the centuries through time.

And on that note, if you have no clue as to how to learn "acceptance" [which basically means learning not to judge everything], I recommend the book by John Ruskan, Emotional Clearing, particularly the section on acceptance.  I have had clients tell me that the book changed their lives, and I believe it.


Family law, divorce, and court can make people feel awful! But even so, learning not to label everything and acquiring the ability to learn acceptance at a certain level can actually change your life. I have given the books out to clients and many of them have even told me the book changed their way of thinking, and one client even said it saved his life. So if it could change your LIFE-- it might be worth it to get the book!!!!

Saturday, February 29, 2020

Strategy Can sometimes Mean Everything--Almost!!

Attorney herein has this site, https://gotigerlegalfamilylawchicoattorneycchan.wordpress.com/, which explains how (in theory at least) a "Tiger Team" works...it is not a joke, there is such an actual thing in use over many years. Some of attorney's clients liked to say "Go Tiger" to attorney prior to trials, and then attorney (me) decided to look up the background of what a Tiger Team actually meant.



Basically, every case has components, and every issue will have facts. In some cases there are very few facts, and MOSTLY lies?? So if that's your case, then you need some evidence to prove what you are claiming, or defending, or whatever you are doing--there is a method for everything basically. Like in the military, there are rules for everything, and in family law cases, most of the issues and problems are due to the people, not the law, right?  Therefore, we have to work around the people and their claims, defenses, and nonsense in some cases? It is common for some cases to be more expensive than they should be, if one client is exceptionally difficult to work with.

Attorney has seen so much garbage in family law over the years, nothing surprises attorney these days. Drugs, lies, story-telling, paranoia, claimed "abuse", non-abuse, actual abuse,  being a witch, or being an ass, is very commonly seen in many cases. People are at their worst. Alcohol, and marijuana are frequent topics, bad texting, posting bad photos, posting on Facebook (definitely wrong)--none of this should be used for Family law. UNLESS-- we have to use it. Most judges don't like Facebook to be used for this, but attorney herein already knows, sometimes we need to use it, and we do. The steps required to get data [i.e. Facebook, online data,photos that are not authenticated, etc.] into court properly-- is not easy or fast; in family court, judge may not be too harsh but in civil court, all the rules have to be met. It gets expensive very quickly.

Attorney actually has a group of computer people that are pretty high on the chain of knowledge of how forensic computer stuff works, so this is very helpful. Attorney is very strategy oriented and to be honest, is hard to beat when it comes to planning and strategy. It is not necessary to remember every rule for everything as anyone can look up all those things, but after you have seen it for so many years, it's kinda like baking a cake.

Just remember this: if attorney's Tiger Team strategy can work for you, your chances of winning are improved. Not guaranteed, but we have a plan for that also. Never give up!

Saturday, February 15, 2020

Attorney's Favorite Case showing How Fiduciary Duty Went WRONG


This is the case where the wife won the CA lotto,  but never told the husband, and they
were married apparently, when she bought the winning ticket, and had not yet separated.
https://law.justia.com/cases/california/court-of-appeal/4th/90/34.html

Fiduciary duties between spouses may end up in a breach of fiduciary duty, especially where the financials are not listed in the divorce documents.

Thus if one won the CA lotto, one would supposedly list that one had won the lotto, on the proper forms, since it occurred during the marriage and would have to be listed on the forms that we use for dissolution, under the asset/debt sections.

Image result for photos lotto winning

Eventually, the husband found out accidentally, that the wife had won the lotto, and he filed a motion to set aside the divorce decree, and for damages for the wife's fraud and breach of fiduciary duty. Unfortunately for the wife--the court ordered her to give all of the lotto winnings, 100%, to the husband.  

The separation date was thus crucial, because once the parties separate, all the earnings and everything acquired after date of separating, are then normally --- the separate property of each spouse.
 ---->   But the separation date isn't just for lotto wins--- reimbursement claims relating to payment on separate or joint debt, or in fixing rights to real property can come into play. CA law provides the community does have an interest in appreciation of an owned residence, such as where title is only in one spouse's name--the spouse owning the property could plausibly argue that the appreciation belongs only to that spouse--and there are a number of facts that could impinge on that theory. The separation date can also impacts the principal loan amounts. Businesses which were established before or during marriage which continue to derive income after separation can be impacted (valuation, up or down,etc.) Importantly , the date of separation is of huge impact for spousal support, or alimony rights. Its continuation or termination is of huge concern due to the length of the marriage.

Saturday, December 21, 2019

Affordable Family Law Cases, Is it Possible? Our NEW Maverick Paralegal Services!



NEW!!!! Only in California, we will be offering the most cost effective services utilizing our lowest pricing and costs where we can offer  paralegal technology, under attorney supervision, as at least 75% of litigants in California today, are forced to represent themselves.  This will enable clients who might not be able to afford full legal services, to still obtain document prep and limited help, but not actual courtroom appearances. This is strictly by choice, by the clients themselves.


Legal "leaps" will always require help--don't fail or falter                     because you didn't know how                                                         to obtain the correct help!! 




 We expect to be able to cover family law, some civil cases, cross over cases, higher end small claims and possibly contested evictions.  Additionally, attorney is well versed in animal law cases, having done such cases in both State and Federal Courts (Sacramento, San Diego, Hollywood, Denver, CO, etc.)
 
 One of the only ways to be able to do this, is to perform tasks and oversee cases related to paralegal type work which do not require court hearings, traveling, and having to communicate with opposing attorneys. Attorney can do regular legal work of course, but we are attempting to also provide services to those who do not need 100% complete legal services [in other words, the case would not require court litigation to extent of needing a full time attorney on the case..}


Even if helping self represented clients to properly understand the law so that their documents are done properly is better than never getting any help, or just guessing? Many people do lose their cases not so much because of what they did, but because of how they positioned their documents for the court. Judges do not have huge amounts of hours to spend on each case, and most pro se clients have seen this.





Perhaps if you know you have a good case,  you really need help in the document and documentation area. Don't wait too long, try and get help ASAP. You may only be doing "documents" but why lose when perhaps you could have won, had you known what you really should be doing or should have done?  We have done many cases and helped people get what they need!


Friday, November 1, 2019

FAMILY CODE 4320 ..IT MAY BREAK YOU OR IT MIGHT SUPPORT YOU

Family Code 4320-4326,  basically outlines what factors are used to determine spousal support.


https://law.justia.com/codes/california/2007/fam/4320-4326.html





Jan 20, 2019 - 4320(i) now reads: "All documented evidence of any history of domestic violence, as defined in Section 6211, between the parties or perpetrated by either party against either party's child, including, but not limited to, consideration of: (1) A plea of nolo contendere...  



Child Support Factors

Family Code section 4058 - This is core statute with big implications specifically for child support, but also in terms of defining gross income for purposes of spousal support. Subsection (b) has been rewritten.

It used to say:
"The court may, in its discretion, consider the earning capacity of a parent in lieu of the parent's income, consistent with the best interests of the children." 


It now reads:
"(b) The court may, in its discretion, consider the earning capacity of a parent in lieu of the parent's income, consistent with the best interests of the children, taking into consideration the overall welfare and developmental needs of the children, and the time that parent spends with the children."

This appears to be a clarification of what factors the legislature considers to directly impact the best interests of a child for purposes of child support awards, and so wants family courts to consider....

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Family Code - FAM ... 4320. In ordering spousal support under this part, the court shall consider all of the following circumstances: .... as punishable pursuant to subdivision (a) of Section 664 of the Penal Code, or of soliciting the murder ... this subdivision shall only apply to convictions that occur on or after January 1, 2019.
Jan 12, 2019 - The new codes went into effect on January 1, 2019. ... Under California's Family Code Section 4320 (j), when determining spousal support, the ...


Family Code 4320 governs the amount and duration of alimony in California .... However, commencing in 2019, the new federal tax laws make modifications to .

https://www.myfamilylawchico.com/
Since the rules on spousal support have drastically changed, make sure to find out how the laws will affect you. Especially if you are the one paying, or  believe that you should not be paying the amount you were told to pay...