Recent Blog Posts

Senate Votes to Reauthorize Domestic Violence Legislation

Los Angeles Family Lawyer — Fri, 18 May 2012 01:30:00 GMT

Despite initial concern that certain legislation would not be passed, the Senate recently voted to reauthorize the Violence Against Women Act. In addition to providing added funding to agencies across the country, two more groups of victims were included under its protection. Before the Act was subject to a vote, however, there were months of political maneuvering in which several organizations, mostly those affiliated with the Republican Party, worked to have the Act shot down. The legislation, initially passed in 1994, was the first of its kind to give law enforcement agencies the tools they needed to prosecute domestic violence offenders.

Under the new version of the Act, which still has to be passed in the House, homosexuals and American Indians will also be able to seek protection as victims of domestic abuse. In the past, these groups were not able to obtain help under the language of the former legislation. However, there are still several provisions that have many politicians up in arms and could prevent the Act from getting the votes it needs for reauthorization. If you have been the victim of abuse in an intimate relationship and you want to seek legal protection, contact Claery & Green today to get immediate help from a Los Angeles family lawyer from our team.

Woman Asking for Child Support is Not Greedy

Los Angeles Family Lawyer — Sat, 12 May 2012 19:55:00 GMT

A current dilemma that many women face is asking for child support when they are no longer with their child's father. For some women, asking for support may be scary, intimidating, or even feel embarrassing. Yet, the reality is that child support system was created to ensure the daily needs of children across the country are met. If you are a mother who believes that you are entitled to child support payments, it is time to remember that you are your child's protector and advocate. By asking for child support, you are making sure that your child has what he or she needs to thrive.

Sometimes, women do not want to ask for child support payments because they feel they appear "greedy". However, making sure that your child's basic needs are taken care of by both of his parents is not greedy or selfish and absolutely does not appear that way. This is why the state of California has strict child support guidelines in place – to ensure that children's needs are always met in terms of shelter, food, clothing, educational expenses, etc. Are you still afraid to ask for child support? Don't wait to contact Claery & Green today to get help from a Los Angeles family lawyer who will seek payments on your behalf!

Who Pays the Legal Fees during a Divorce Case?

Los Angeles Family Lawyer — Fri, 11 May 2012 15:00:00 GMT

Are you currently going through a divorce? Have you wondered who will have to cover the costs of your legal fees (Attorneys fees, Lawyer fees and court costs)? If so, you should know that in the state of California, the spouse that makes more money may have to cover the legal costs involved. Generally, if the spouses filing for divorce do not earn around the same amount of money, the spouse that earns more has to pay for the lower-earning spouse's legal expenses. The court may try to level the playing field during a divorce case where two spouses have substantially different incomes, but this is not always that case. The judge will look for a disparity in the parties' incomes.

Before the court will order that one spouse pay the other spouse's legal fees, it will review spousal support orders, how long the divorce proceedings have been going on, and the total legal expenses accumulated. After reviewing these factors, it will make a decision that it deems fair. Do you have questions about the costs and financial implications of your divorce? If so, contact Claery & Green today to get help from a Los Angeles family lawyer that can answer your questions.

Claery & Green: Our Clients' Warrior Lawyers

Los Angeles Family Lawyer — Fri, 11 May 2012 01:30:00 GMT

Recently, a client was so happy with the family law services offered by an attorney on our team that the client spontaneously had t-shirts made (see photos). The shirts read "Claery & Green, LLP AKA Warrior Lawyers, Inc" and were presented by a client who felt that the lawyer that worked on his case was exceptional. In order to show gratitude and gratefulness for the hard work the attorney did, the client decided to offer this unique token of appreciation to the entire firm as well as Managing Attorney Eli Hammond, in particular.

At Claery & Green, we always go out of our way for our clients. Whether we are working on a divorce case or helping to resolve a child custody dispute, our clients can count on our team to remain dedicated. From the time we get involved, we serve as our clients' advocates and do everything we can to protect their best interests. If you are going through a family law matter in California and you want a "Warrior Lawyer" on your side, take the time to contact Claery & Green to set up your case evaluation with a Los Angeles family law attorney from our firm!

United States' Barack Obama is First Sitting American President to Publicly Announce Support for Same-Sex, Gay and Lesbian, Marriage (May 9, 2012)

Claery & Green, LLP — Wed, 09 May 2012 21:30:00 GMT

United States' Barack Obama became the first American sitting president to publicly announce support for same-sex marriage today, May 9, 2012. On Sunday, sitting Vice President Joseph Biden publicly stated that he is comfortable with same-sex marriage as well.

The president's statements followed a decision in North Carolina by its participating voters to amend its state constitution to define marriage in a manner that ensures marriage or its equivalent be only between a man and a woman.

If you have questions about same-sex marriage or domestic partnerships in California, contact a Los Angeles family law attorney today.

Bill Clinton Comes Out Against North Carolina's Proposed Amendment to Limit Rights and Prevent Gay and Lesbian Same Sex Marriage

Lance Claery, Partner, Claery & Green, LLP — Tue, 08 May 2012 20:16:00 GMT

Former President Bill Clinton has apparently come out publicly against a proposition intended to prevent gay and lesbian marriages in North Carolina. The former President has created an audio recording. The audio advertisement opposes the state of North Carolina's proposed constitutional amendment that would specify the definition of marriage as only between a man and a woman.

Clinton emphasizes that the proposed amendment would affect the state's ability to draw in new businesses and will even create a barrier to important health care for children. Furthermore, Clinton asserts the proposed amendment would negatively affect the state's laws protecting women from domestic violence.

In sharp contrast, well-known Rev. Billy Graham has issued a statement clearly supporting the proposed constitutional amendment. He informs that he believes the Bible is clear that God's definition of marriage is between a man and a woman. The implication is that for this reason, the proposed amendment is appropriate.

Hillary and Bill Clinton have both been historically progressive and open-minded regarding gay and lesbian domestic and human rights.

The North Carolina voters will vote on the issue.

*5/11/12 Update: On May 8, 2012 the North Carolina participating voters approved the amendment.

If you have questions about same-sex domestic partnerships or marital rights in California, contact a Los Angeles family law attorney to discuss your situation.

Lance Claery, Attorney at Law

Claery& Green, LLP

Former Arizona Wildcat Arrested for Suspected Domestic Violence

Los Angeles Family Lawyer — Sat, 05 May 2012 20:20:00 GMT

News sources say that a young man once known for his athletic prowess stands accused of having a serious temper and anger management issues. Jesse Perry, who played for the Arizona Wildcats, was taken into custody last week on suspicion of domestic violence. According to the police report, 22-year-old Perry was detained by police when a woman with whom he used to have a relationship with called 911. Although the details of the incident are not being released to the press, it is known that the victim was treated at a local hospital for her injuries. The extent of those injuries is unknown at this time.

When police arrived on the scene, the suspect was not present. The University of Arizona Athletics Department helped the police department located the former athlete, who then turned himself into the authorities. Perry enjoyed a modicum of success while playing for the Wildcats. He could often be seen on the court as an undersized center. His average on the court was 4.4 rebounds and 6.6 points per game. If you have been involved in an abusive relationship, fear domestic violence and want to discuss a temporary restraining order and want to know how you can protect yourself, contact Claery & Green now to discuss your rights and legal options with a Los Angeles family law attorney from our team. We will get involved in your case immediately to prevent further harm.

Study States that Divorce and Separation Impact Well-Being

Los Angeles Family Lawyer — Fri, 04 May 2012 16:10:00 GMT

Everyone knows that getting a divorce can be difficult. However, a new study shows that it can also affect your overall health as well. According to a poll published jointly by Gallup and Healthways, entitled the Well-Being Index, the overall health of married couples versus divorced and separated couples is quite significant. With 100 being a person with complete well-being, married couples showed the highest levels of health at 68.8. Divorced and separated couples had scores of 59.7 and 55.5, respectively.

These results were obtained from a random sampling of 353,492 adults. The editor who released the report called the results "staggering." In order to obtain these scores, researchers looked at six sub-categories: life evaluation, physical health, emotional health, health behaviors, access to basic necessities, and work environment. While the differences are significant, they did not come as a surprise to researchers who were working under the premise that divorced and separated couples are more likely to be unhappy, which can affect other aspects of life as well. Planning to move forward with your divorce in L.A.? Make sure you take care of yourself as well as have appropriate legal representation as you end this phase of your life by contacting Claery & Green to get immediate assistance from a Los Angeles family lawyer.

Two Sets of Parents Dispute Child Custody Matter

Los Angeles Family Lawyer — Fri, 04 May 2012 00:25:00 GMT

Two sets of parents met again at the South Carolina Supreme Court to discuss the fate of a toddler. Both parties are determined that the two-year-old girl be allowed to spend her life with them. On New Year's Eve last year, a judge in Charleston ruled that the little girl should be taken from her adoptive parents, who live in Charleston, and be returned to her biological father. D.B., who lives in Oklahoma, was successfully able to argue that under the Indian Child Welfare Act, the girl should be returned to him. The Act was passed to protect the heritage of Native American tribes by keeping families together.

The adoptive parents did not give up, however, and have brought their case to the Supreme Court. The fate of the little girl now rests with the five justices who are set to make their decision later this week. News sources say that the justices issued a gag order preventing either side from discussing the case with anyone other than their attorneys. Involved in an emotional California child custody battle? Get the legal help you need today by contacting Claery & Green to engage the services of an experienced Los Angeles family law attorney that understands how important your relationship with your child is to you.

Gag Order Issued during Bob Weinstein's Divorce Case

Los Angeles Family Lawyer — Sat, 28 Apr 2012 17:45:00 GMT

News sources report that the wife of a famous film producer was denied a restraining order against her husband. While the two are reported to have been fighting over the terms of their upcoming divorce, she went on to claim that he threatened her and she feared he might cause bodily harm. Anna Weinstein, soon to be divorced from famous producer Bob Weinstein, avoided eye contact with her husband last week in court. After hearing both sets of lawyers speak, state Supreme Court Justice E.G. ruled against Anna Weinstein. However, the judge did implement a gag order, which means that neither party is allowed to discuss their divorce case with anyone other than each other and their respective lawyers.

The two have been married since 2000 and have two children together. Shortly after his wife filed for a restraining order, Weinstein responded by stating that she was simply reacting to a recent family gathering in which her alleged drinking problem was discussed. Are you going through a heated divorce? If so, now is the right time to get a Los Angeles family law attorney involved in your case. Take the time to contact Claery & Green and set up your initial case evaluation with a litigator from our office.

Wife Calls Police to Report Husband's Threats Suspect Shot by Police

Los Angeles Family Lawyer — Fri, 27 Apr 2012 23:05:00 GMT

Domestic violence has become a serious issue for several states in which fatality rates are on the rise. Domestic violence, spousal abuse and abuse between domestic partners both physical and emotional are major problems. Incidences such as the one that took place last week in the state of Ohio are causing concern amongst citizens and lawmakers alike. Last week a husband and wife went out to eat when she informed him that their marriage was over and she wanted a divorce. The terrified woman called police to say that she felt threatened by her husband who she claimed to be making serious comments about harming her. By the time that police arrived on the scene, the suspect was leaving the restaurant with what has been described as a "long gun."

The officers asked him to stop walking, but when he refused, they were forced to shoot him. The suspect was later identified as 51-year-old K.A. The two other victims of this tragic day were his wife, 42-year-old K.A., and their 10-year-old daughter, K.A., who was celebrating her birthday when the incident took place. Domestic violence can easily escalate when it is not reported and dealt with. A domestic violence temporary restraining order ("CLETS") may provide a level of protection. Therefore, if you are a victim of domestic or spousal abuse in California, seek help today by contacting Claery & Green to enlist the assistance of a Los Angeles family lawyer from our team.

Indiana Lowers Age of Emancipation

Los Angeles Family Lawyer — Fri, 27 Apr 2012 01:30:00 GMT

After passing a new law, state judges in Indiana told news sources they are expecting to receive a torrent of angry letters and worried phone calls. The law, which will go into effect later this year, lowers the age of emancipation, which changes child support rules significantly. According to the bill's sponsor, Senator B.C., the legislation will go into effect July 1, 2012. It will be applied to all current child support orders as well as future orders. Reports indicate that the age of emancipation has been lowered from 21 to 19, which means that child support orders for children over the age of 19 will become ineffective. However, this does not apply to any educational expenses are arranged by the parents and a family court judge.

Judges across the state say they are anticipating an increase in child support modification requests as soon as the law is enacted. They also say that parents that rely on child support may try to show that they have special circumstances which require continued child support after their child turns 19 years old. Do you have questions about the child support laws in California? Take the time to contact Claery & Green to get immediate answers from a knowledgeable Los Angeles family lawyer today.

Grandmother Arrested for Kidnapping Granddaughter

Los Angeles Family Lawyer — Sat, 21 Apr 2012 15:30:00 GMT

News sources reports that a grandmother was so intent on spending time with her granddaughter that she kidnapped her. The elderly woman took her granddaughter in March, but was finally apprehended by the authorities a few weeks later in South Carolina. L.S., 58, was discovered with her 4-year-old granddaughter in Summerville earlier this month. She was detained by authorities and charged with felony interference with child custody. If found guilty of the crime, L.C. could be sentenced with up to two years in federal prison. She was extradited back to Texas where she paid $3,500 at a Potter County jail to be released from police custody.

According to reports, the young girl was staying with her grandmother over spring break as planned earlier with her mother. However, when the granddaughter was not returned on time, the mother alerted the authorities. They discovered that L.S. was no longer at home with the little girl but was on the run. If someone has interfered with your child custody case or you are involved in an argument over custody, and or grandparent visitation / guardianships, take the time to consult a Los Angeles family law attorney from our team by contacting Claery & Green now. We will listen to your side of the story and advise you of your rights as a parent.

Legal Separation and Temporary Support

Los Angeles Family Lawyer — Sat, 21 Apr 2012 00:05:00 GMT

Did you know that if you are separating from your spouse, you can request temporary child support and/or spousal support? These payments can help you and your child financially during the separation period and are usually outlined in a separation agreement. A separation agreement is like a divorce settlement but is only binding during the period of separation. However, once either party initiates a divorce or decides to give the marriage another try, the temporary separation agreement is deemed invalid.

Keep in mind, a judge must approve a separation agreement when it comes to matters of child support, spousal support, child custody and division of property/debts. Since most states will only grant child support payments when a divorce order has been finalized by the court, it may be wise to seek a temporary order if you plan to separate. Just like a divorce agreement, a temporary agreement must also be approved by the court. For this reason, you'll want to work with a Los Angeles family lawyer from our team who can help you create the agreement before you show it to a judge for approval. To enlist our help and guidance, contact Claery & Green today and set up your initial case evaluation.

Dispute Over Child Support Leads to Strangulation

Los Angeles Family Lawyer — Fri, 20 Apr 2012 04:40:00 GMT

Child support can be a touchy subject for some couples. In extreme cases, one person becomes so enraged over the terms of child support that he/she inflicts pain, suffering or even death on the person asking for the funds. This is the case of one man who could be spending 15 years to life in jail for killing the mother of his child. A.T.S., 44, entered a plea of guilty last week in Orange County for second-degree murder. He admits to having strangled his ex-girlfriend to death while they were fighting over support payments. The prosecutors learned that when his ex-girlfriend, C.R., 52, asked him for the money, an uncontrollable rage came over him and he strangled her in front of several family members.

In addition to strangulation, he also beat her brutally. By the time that authorities arrived at the scene, she had died due to blunt force trauma to the cranial region and asphyxiation. A.T.S. was apprehended shortly after for suspicion of murder. If you are currently involved in a heated battle over child support payments, now is the right time to get a Los Angeles family law attorney involved in your case by contacting Claery & Green. With legal help, it is possible to resolve your dispute while obtaining any past due payments that you are owed for your child.