Recent Blog Posts in February 2010

A Vermont judge has issued an arrest warrant for a woman involved in a same-sex custody battle.

Janet Jenkins asked the court for help after her former partner, Lisa Miller, disappeared with their daughter Isabella. After Jenkins and Miller separated, Miller renounced homosexuality, became an evangelical Christian, and disappeared with their daughter.

Vermont Judge William Cohen found Miller in contempt of court after she failed to appear at a custody hearing.

Miller and Jenkins were joined in a civil union in Vermont in 2000. In 2002, Isabella was born to Miller but was considered both women’s daughter. When the couple separated in 2003, Miller moved to Virginia. Initially, custody was awarded to Miller and Jenkins was given liberal visitation rights. But after Miller denied Jenkins access to the girl, Judge Cohen ordered a switch in custody.

A custody hearing was scheduled for January 1 to address the situation, but Miller and Isabella did not appear.

Involved in Child Custody Dispute?

Rapper and reality TV star Flavor Flav is more than $63,000 behind in his child support obligations, according to the New York Post.

Flavor Flav, whose real name is William Jonathan Drayton, Jr., owes $63,458 to Mary Parker, the mother of three of his children.

In July 2008, Parker filed to amend their original child support agreement since it only covered two of their children. This January she won an appeal to increase Flav’s payments from $117 to $837.72 per week. In the appeal the judge also ordered Flav to pay for the children’s tuition.

Flav said he has been paying for the children’s tuition, and that he's been making direct payments to Parker outside of the child support order.

This is not the first time Flav has been accused of failing to pay child support. Recently his daughter claimed he hadn’t been making payments, as did Karen Ross-Fortunate, another woman who has three children with Flav. Flav has seven children in total.

At Claery & Green we handle all types of child support cases, and are here to help you achieve your legal objections. Whether your goal is to obtain child support, find a way to catch up on your child support debt, or seek a modification of your child support arrangement, you can rest assured a knowledgeable and experienced Los Angeles family law attorney at Claery & Green will be there every step of the way. Please take a moment to contact the office at (310) 362-2273 to arrange a consultation with an attorney today.

If you are planning to file for divorce you should strongly consider deleting your Facebook account or any other accounts you may have on social networking sites.

Divorce attorneys throughout the country are seeing an increase in evidence gathered from Facebook to be used in a divorce or child custody battle. In fact, according to a survey conducted by the American Academy of Matrimonial Lawyers (AAML), 81% of the attorneys who responded to the survey said they saw an increase in the use of Facebook evidence. And while damaging evidence can be gathered from any social networking site, Facebook is by far the leader, followed by MySpace and then Twitter.

Many people don’t think of Facebook as anything but a place to connect with new people and keep up with old friends. But there are many ways a disgruntled, bitter, or resentful ex can use Facebook to work against you. For example, if you post pictures that show you and your friends drinking one night, your ex can take the pictures and claim you have tendency to drink a lot or act inappropriately, when in actuality you were just having fun with friends. Furthermore, if you exchange flirtatious emails or wall posts with another man or woman, your ex might take those messages and claim you were unfaithful during your marriage.

What should you take away from this? If you are getting divorced protect yourself by deleting your Facebook account. Although you can block people from viewing your profile, there ways your ex may still be able to access your page. And while California is a no fault divorce state, a judge will certainly not look favorably on any indiscretions you have posted on Facebook.

If you have made the decision to separate from your spouse, a San Diego divorce attorney at Claery & Green can ensure your rights are advocated and your best interests are protected throughout the divorce process. To learn more, contact Claery & Green today!

Child support guidelines were created to ensure parents pay an amount that is within in their means while at the same time provides their children with the support they need to continue enjoying the same standard of living they had while their parents were married. The amount a parent pays is not universal, but rather is based on the parents’ levels of income and the number of children in need of support.

After a divorce, circumstances sometimes change and a parent may need to change or modify the child support order in response to those changes. Judges are supposed to grant a modification if the parent can prove he or she experienced a significant change in circumstances, such as an unexpected job loss or medical emergency.

While this is supposed to happen, often it does not, much to the frustration of the parent needing the modification. This situation happened to Anthony Fernandez, a Nevada man who was ordered to pay $80,000 a year in child support while earning $500,000 to $4 million a year in the stock market. After the economy soured and the stock market crashed, Fernandez took a job as a car salesmen, where he brings home roughly $3,000 a month.

Obviously unable to keep up with his child support obligations, Fernandez asked the Nevada Supreme Court to grant him a modification, but the court said his case must be heard by the district court. If the lower does not grant Fernandez a modification and lower his child support obligations, it will be nearly impossible for him to continue making payments. How the court expects a man making $36,000 a year to pay $80,000 in child support is beyond reason.

A case out of Texas poses an important question to all same-sex couples who reside in California: What happens when a gay or lesbian couple is married in a state that recognizes same-sex marriage, but then relocates to state that does not recognize same-sex marriage but wants a divorce?

This is the situation that Angelique Naylor and Sabina Daly are dealing with. The women were married in Massachusetts, one of the first states to legalize same-sex marriage. They later relocated to Texas, where their relationship eventually soured. No longer wanting to be married, the couple tried to get a divorce, but because Texas does not recognize same-sex marriages, Naylor and Daly have not been able to get divorced.

Originally, State District Judge Scott Jenkins granted the women a divorce, but Texas Attorney General Greg Abbott quickly intervened. Abbott claims that because the state Constitution bans gay and lesbian marriages, to grant a divorce to a same-sex couple would be to contradict the constitution. For this reason, Abbott says Daly and Naylor cannot get divorced in Texas.

In a statement from Abbott’s spokesperson, Jerry Strickland, “The State maintains that the Court has no legal authority to grant this divorce, and as a result, the State must intervene in the case to defend the Texas Constitution.”

Women and children are not the only victims of domestic violence. Men can also be the target of violence and abuse as well, but unfortunately, many men don’t step for forward to report the crime or seek the help they need.

The Cheshire Police Department in England actually found that the rate of domestic violence committed against men rose 9% between 2008 and 2009, and 36% percent from 2007 to 2009.

Although this statistic is from the UK, it is relevant to Californians because you can be sure there are thousands of men throughout the state who are subjected to violent, abuse, or mistreatment at the hands of their wife, partner, girlfriend, parent, sibling, or some other member of their household.

When registered domestic partners decide to separate or terminate their domestic partnership, they should speak with an attorney about their rights to palimony, also referred to as “ Marvin Actions.” Palimony works very much the same way as spousal support.

As with traditional marriages, sometimes in a domestic partnership one spouse stays home to care for the family. Other times both partners are working, but one spouse clearly is the bread winner. In these types of situations it is particularly important to speak with a California domestic partnership attorney at Claery & Green. You may be entitled to palimony and a lawyer at our office can advocate your legal rights and represent your interests. The courts like to ensure both parties are able to maintain the same standard of living they shared during their relationship, which means if one partner makes significantly less money, the higher-earning partner may be ordered to support the other.

Whether you are the one seeking support or your ex-partner is seeking support from you, an attorney at Cleary & Green can represent you during any legal proceedings and help you secure a palimony settlement that suits your financial interests. Our goal is not to break the bank on anyone, but rather help our clients reach a settlement with their partner that ensures both parties are financially sound going into the future.

Contact Claery & Green today for more information about Marvin Actions.

It’s natural for a divorced couple’s circumstances to change after their divorce has been finalized. Depending on the change in circumstances, it may be necessary for one or both parties to change or modify a court order. Judges understand that people’s circumstances change, and are usually willing to modify an order as long it does not compromise the best interest of any children and the changes in circumstances are “significant.” For example, seeking a modification of a child support order after quitting your job is not likely to going to happen. However, if you show that you've been laid off and have been diligently looking for a new job but just haven't had any luck, the judge is more likely to lower your child support obligations.

At Claery & Green, we have experience representing clients throughout Southern California in all areas of family law, including post-judgment modifications. Whether you want to modify a  child support order, a child custody order, an  alimony order, or some type of marital contract or settlement agreement, an experienced Los Angeles divorce attorney at our office can assist you in filing the necessary paperwork and argue your case before the judge. Furthermore, we can also help you gather the documents and evidence that prove you have indeed experienced a significant change in circumstances, which might include a sudden job loss, physical injury or disability, family emergency, relocation, etc.

For more information about post-judgment modifications, please contact a Los Angeles family law attorney at Claery & Green today!

For couples who no longer want to be married, it is relatively easy to get a  divorce in California. Some states will not grant a divorce unless the couple establishes that one or both spouses are at fault for the dissolution of the marriage. In California, however, a couple can file for divorce without having to establish fault.  Couples in California can file for divorce on grounds of “irreconcilable differences,” which basically means the marriage is irrevocably broken and there is no hope of repairing it—a fancy way of saying the couple just doesn’t want to be married any more.

In rare situations a person can file for divorce on grounds on incurable insanity, but only if they can prove their spouse was incurably insane when they got married, and has remained insane ever since. This must be backed by testimony from a licensed physician or psychiatrist.

There are two residency requirements a couple must meet before they can file for divorce:

1. They must have lived in California for at least 6 months
2. They must have resided in the county in which they are filing for divorce for at least 3 months

If you are interested in filing for divorce, an attorney at Claery & Green can represent your case. With offices in Los Angeles and San Diego, we represent clients throughout Southern California, and can ensure your rights and interests are protected and upheld throughout the divorce process.

To arrange a consultation, please call (310) 362-2273 to speak with a Los Angeles divorce lawyer, and (619) 299-2008 or (760) 526-0440 to speak with a San Diego divorce attorney.

During a courts martial, it’s important for any member of the U.S. military to be represented by an experienced military law attorney. Think about it, you’re going up against the United States, the most powerful country in the world with seemingly unlimited resources. You need someone on your side who can protect your interests and competently handle and address your case. An experienced  military defense lawyer at Claery & Green can defend you at your hearing the same way a criminal defense attorney defends a civilian accused of committing a crime. We have experience defending servicemen and women called to court martial for a variety of offenses, including

• Failure to obey an order
• Dereliction of duty
• Desertion
• Absent without leave (AWOL)
• Driving under the influence
• Distribution of a controlled substance
• Theft
• Sexual Assault
• Assault & battery
• Possession of child pornography
• Murder/manslaughter

As you know, courts martial can end very badly. You may drop in rank, lose pay, go to jail, have to perform additional hours of duty, or even be dishonorably discharged. At Claery & Green, our job is to make sure your hearing ends in the best possible outcome. We can quickly identify what charges you are up against and which defense strategies would be most effective.

For more information about our services, please  contact a military defense lawyer at Claery & Green today!

One of the most important aspects to address during a divorce is how marital property will be divided. A couple has the right to reach a property division arrangement on their own. However, if the couple cannot agree on how to divide their joint assets, California property division laws will apply.

In California, community property (which is considered any property acquired during the course of the marriage) is divided as equally as possible between the parties. And because California is a no fault state, certain circumstances, such as adultery or abandonment, are not taken into consideration when determining how community property will be divided. That being said, there are always exceptions to the rule, so it’s important to consult an experienced divorce attorney to ensure you receive a fair settlement.

Divorce can either be settled through mediation or litigation.

When possible, it’s in both parties’ best interest to try to resolve their divorce through mediation. Mediation gives the parties control to negotiate the terms of their divorce and resolve issues such as property division, child custody, child support, and  alimony without intervention from the court. Furthermore, the process of mediation is much less stressful, time-consuming, and expensive than litigation, and is very helpful in fostering communication. During mediation, the parties come together with a neutral mediator whose job it is to help the parties work through conflict, facilitate negotiations, and reach a settlement based on the parties’ own terms. 

There are times when a divorce needs to be battled out in court, and this situation is referred to as litigation. Litigation is necessary for those cases in which the parties cannot seem to agree on any aspect of their divorce, and therefore are not able to settle the divorce through mediation or alternative dispute resolution. Because litigated divorce cases take place in court, they often take a lot longer to settle and finalize than those divorces resolved through mediation. And because it tends to take longer to resolve a divorce in court, the cost of litigation is often much higher than the cost of mediation. Furthermore, contested divorces tend to be more emotionally taxing, stressful, and difficult on everyone involved, especially children.

With all that said, both mediation and litigation are effective ways to settle a divorce. If you are interested in learning more about either one of these forums, a San Diego divorce lawyer at Claery & Green would be happy to meet with you to discuss your case and determine what your legal objectives entail. To schedule an appointment, contact Claery & Green today at (619) 299-2008 or (760) 526-0440.

Victims of domestic violence often consider their situation hopeless. If you or a loved one is being abused by a spouse, girlfriend or boyfriend, parent, sibling, grandchild, or relative, you should know there are ways you can prevent this abuse from continuing to occur. One of the ways you can protect yourself from domestic violence is by filing for a restraining order.

Restraining orders specifically state which actions the abuser is prohibited from taking against the victim. For example, many restraining orders state the abuser is not to contact the victim at work, home, school, church, or any other place they typically frequent, and must remain a certain distance away from the victim at all times. A restraining order also prevents an abuser from making contact with the victim, whether in person, over the phone, through email, online, or via text message.  

Types of Restraining Orders

There are several different types of restraining orders, including:

• Emergency Protective Orders
• Domestic Violence Temporary Restraining Orders
• Criminal Protective Order
• Civil Harassment Order

A simple will outlines how a person would like their assets, money, and property to be divided and distributed to their beneficiaries upon death. These types of wills are best for people whose total estate is valued at $100,000 or less.

For more complex estates or for estates valued at more than $100,000 it is best to create a trust and maybe a pour-over will in conjunction with that trust. Pour-over wills essentially protect those assets not included in a trust. If a person passes away without a pour-over will, the state of California will gain control over how their assets will be distributed amongst their beneficiaries. When a pour-over will has been created, those assets not included in the trust are poured into the will, protecting them from state intestacy laws.

Both simple wills and pour-over wills are excellent ways to protect your assets and save your loved ones the hassle and headache of probate. However, before drafting any type of will or trust, it’s best to consult an attorney. An experienced California estate planning lawyer at Claery & Green can review your estate to determine which type of will or trust would be best for you. Once you’ve decided which type of document you’d like to create you can depend on Claery & Green for help.   

Contact Claery & Green today by calling (877) 756-4111, or click here for a free case evaluation.

Because gay marriage is still not recognized or legal in the state of California, the state does not award same-sex couples the same rights and benefits that are awarded to heterosexual couples. However, by registering as domestic partners, those people in same-sex relationships can obtain many of the same legal rights and benefits awarded to married couples.

The rights and obligations under California domestic partnership laws include:

• The right to use stepparent adoption procedures. This right allows the partners to adopt each other’s children so they have legal rights to the children.
• As of January 1, 2005, when a child is born, if a couple is already registered as domestic partners, the law assumes the domestic partners are the child’s parents.
• Right to make medical decisions. If one of the partners becomes sick the other partner has the legal authority to make medical decision on behalf of his or her partner.
• The right to visit each other in the hospital.
• If one of the partners becomes disabled the other partner has the right to file for state disability benefits on behalf of a disabled partner.
• If one of the partners becomes incapacitated the other partner can be appointed conservator to handle their partner’s legal and financial matters.
• If one partner dies without a will or trust the other partner has the same inheritance rights to community property that a spouse would have.
• When a partner is killed due to recklessness or negligence the other partner has the right to file a wrongful death lawsuit for both financial compensation and loss of companionship. A domestic partner can also file a lawsuit if he or she witnessed their partner being physically harmed by another person.
• The right to draft a will or trust on behalf of their partner.
• The right to paid leave in order to care for a seriously injured or ill domestic partner or a domestic partner’s child.
• The right to use sick leave in order to care for a domestic partner or a domestic partner’s child.
• The right to collect unemployment benefits if a person has to quit his or her job and relocate to accommodate their partner’s job.
• The right to domestic partner health insurance. If an insurance company offers coverage for employees’ spouses and children, then it must provide coverage for employees’ domestic partners and domestic partner’s children.
• If a partner dies and he or she is an employee of the state, his or her partner and the partner’s children are eligible for continued health insurance coverage if the deceased partner registered in a state health insurance plan.
• The right to live with a partner in a senior housing facility.

If you are interested in learning more about domestic partnership rights and benefits, a California domestic partnership lawyer at Claery & Green can address your questions and concerns. To arrange a consultation, please contact Claery & Green today by calling (877) 756-4111!

If you are planning to get married, there are great benefits to drafting a prenuptial agreement.

Many people assume that prenuptial agreements are only for the wealthy. In reality, any person can benefit from having a prenuptial agreement on file. Filing a prenuptial agreement basically allows the parties to pre-determine how their assets and property will be divided if their marriage comes to an end. However, prenuptial agreements do more than just protect money and assets in the event of a divorce. They are also effective tools for detailing a couple’s wishes regarding how they would like child custody and visitation to be arranged, as well as regarding how and how much alimony will be paid.

At Claery & Green, we know that filing a prenuptial agreement can be a touchy subject to discuss with your fiancé. Let’s face it, the last thing you want to discuss right before getting married is what you would do if you got divorced. While this is completely understandable, trust us when we say that even though this conversation might be uncomfortable, it is an important one have. Without having a prenuptial agreement in place, your marital assets will be subject to equal distribution laws. And because California divides marital property equally, you might lose a great deal of money in the divorce or your spouse may be awarded a treasured piece of property.

Filing a prenuptial agreement is easy. Simply call Claery & Green to arrange a consultation with an experienced Los Angeles family law attorney who can customize your agreement to your particular needs and wishes, and then file the necessary paperwork with the court to ensure your agreement goes into effect.

Contact Claery & Green today for more information about prenuptial agreements!