Los Angeles Family Lawyer Blog

Everyone has read the ads about living trusts. The major purposes for a living trust are to avoid probate and to save on death taxes. There are many other reasons such as asset protection, clarification of inheritance rights, administration of estate, guardianship and other issues. However, to utilize the trust can be tricky. For instance, the Court of Appeal, Fourth Appellate District, Division Three, rendered a decision filed on Ooctober 28, 2009, and ordered for publication on November 24, 2009, in the case of Presta v. Tepper. In that case, three partnership agreements were created with regard to real estate investments. The partnership agreements reads: Robert Tepper as Trustee for [his family trust] and Ronald Presta as Trustee for [his family trust]. The issue decided by the Court was whether or not the individual men entered into the partnership agreements or did the family trusts enter into the agreements. The Court decided that the individual men entered into the partnership agreements and not the family trusts. Therefore, the family trusts did not have any effect with regard to distribution of the partnership proceeds. If the partnership agreements had been created by Ronald Presta Family Trust and Robert Tepper Family Trust, then the Trust Agreements would hold the interests in the partnership. Why was this important? One partner had died and the widow was suing for distribution of the partnership assets. Therefore, wording can be critical in preparing these legal instruments. The Law Offices of FrazeeLaron stands ready to assist in legal instrument preparation including irrevocable trust agreements or other estate planning documents.

RoseAnn Frazee
Pasadena Family Law Attorney

The quick answer: It depends on the case. In Los Angeles Superior Court, 90121 Family law cases were filed from January-December 2008 according to the Monthly Filings and Dispositions Report prepared by the Los Angeles Superior Court Statistics Section. There are not enough family law attorneys to handle all of those cases. In addition, each case is different: (1) some parties have been married a few years when others have been married for years and years; (2) some parties have children whereas other parties never had children; (3) both parties worked in some cases but the other spouse did not work and took care of the children instead; (4) some parties have obtained assets during the marriage; others do not have very many assets; and the list goes on. Adult citizens have each their own set of problems, cultures and characteristics.

As a result, the Los Angeles Superior Court and published books provide limited self-help services for those who cannot afford an attorney or who are educated enough to understand the forms and process, can read and speak English well and can represent themselves and do not have spousal or children support or asset issues. Even then, such self-help can be fraught with danger, and the parties should be cautious.

However, many issues arise where an attorney is essential. Attorneys have many skills not available to the lay person. All family law attorneys are skilled in evidence presentation. It is important that evidence may be considered by the judge; otherwise, the evidence never gets before a judge. Family law attorneys have (1) experience with many different cases not just your one case, (2) sometimes experience before a certain judge, (3) many volumes of case law, treatises and practice guides, (4) usually have an objective view of your case rather than the emotional cloud of a party, and many more skills that a lay person cannot compete with such skills.

In addition, lay persons can be confronted with unanticipated problems and complications that a skilled attorney will see before such an event happens and can recommend remedial measures before the occurrence. Unfortunately, we have seen too many clients get harmed by unanticipated complications in which the harm has already happened, and it is oftentimes impossible or impractical for an attorney to rescue the party after the fact. Most, if not all, complicated divorces should be handled by attorneys to minimize damages to a party in this life-altering process of divorce. Give us a call for a free consultation at frazeelaron.com for more information.

RoseAnn Frazee
Pasadena Family Law Attorney

Given the complexity of family law, why do people represent themselves? Oftentimes they have no choice. Court-appointed counsel in family law matters is not a right as in criminal law. Legal services agencies in California are able to serve relatively few people who have family law issues due to funding limitations. Even then, legal service agencies serve low-income people with special requirements such as domestic violence. Sometimes even middle-class parties find it hard to secure an attorney. The average family law attorney in California charges more than $300 per hour and requires a retainer of approximately $5,000. Such families are increasingly finding themselves with no paycheck, a diminished amount of equity in their homes, and reduced savings, leaving them unable to afford high-priced attorney. Even people who start out with attorneys at the beginning of their cases often run out of money and become self-represented before their cases are over.

The Pasadena Law Offices of Frazee/Laron opened to assist the average citizen in family law matters with limited budgets. The law firm charges based upon the specific case needs and attempts to secure a settlement between the parties without expending unnecessary legal fees and costs.

RoseAnn Frazee
Law Offices of Frazee/ Laron

As a Pasadena Family Law Attorney, I see the frustrations that many parents have when their day in court does not go as planned. Many people think you can simply come back into Court and argue the same issues. Unfortunately, for many who get unfavorable decisions, they usually must wait a full six months before they re-petition the Court, and only if there is a substantial change in circumstances to warrant a second look at the issues.

There is another alternative, but it can be difficult. A person can file a Motion for Reconsideration of the Issues if they do not agree. However, there are two major hurdles that must be overcome. 1) The Motion must be filed within 10 days of the prior Hearing that is not agreed upon. 2) The Reconsideration must be based on new facts, circumstances, or law that were not known at the time of the prior hearing.
Essentially, this translates to the reality that if a situation develops after the hearing that greatly changes the fairness of the situation for one parent, it is already too late. Also, if that parent could have or should have brought up a changed fact, law, or circumstance, then it is their fault and they typically will have no relief. This is often the source of much frustration for not only people who represent themselves, but attorneys as well.
The lesson learned is that plan carefully your arguments, as a second bite at the apple may be harder to come by than you think. Let an experienced Pasadena Family Law Attorney at Frazee/ Laron assist you in fighting for your rights without wasting your time.

Kirk Laron
Pasadena Family Law Attorney

Parents in Los Angeles who want to get a child custody or visitation order from the Court must begin the process of opening a Court Case. If this is the first time you have sought to determine custody and visitation, then you are likely going through a divorce and are attempting to either come to a marital settlement agreement, or you are in the midst of fighting with the other parent for these issues.

Often, one parent will be unhappy with the initial order for Child Visitation and/ or Custody, and will want to change what the Court has ordered. Any change that is asked for will require another filing to the Court. However, one cannot just file because they are unhappy with the Court's decision. The judicial officer will require a change in circumstances that shows a change is in the best interests of the child or children who are at issue.

As a Pasadena Family Law Attorney, I have often seen parents who feel they are not being heard in Court, and complain that Judges are unfair or attorneys do not represent their point of view. You must keep in mind, however, that to allow every parent who doesn't agree with a decision to engage in endless court hearings regarding fairness would be to overwhelm the justice system that is already time consuming for those who attempt to use it. As a result, standards are imposed. If you have issues of Child Custody and Visitation, you may be best served speaking to a Family Law attorney rather than trying to do it alone, or you may quickly become frustrated, overwhelmed, and discouraged because you cannot follow proper court procedures.

Kirk Laron
Pasadena Family Law Attorney

Given the economic struggles that have overtaken Los Angeles and the rest of California, many parents are running into Court to reduce Child Support payments based on a lowering of income without an Attorney. Others are claiming they cannot work, so they have no income at all. While this can be a painful reality, the Court will not always play along with the concept of being unemployed, so Child Support cannot be paid, expecially if your ex-Spouse is being represented. Going it alone in Court can be a costly mistake, and making a statement in Court is often not the same as proving it so.

Imputed Income is the concept that if a person has the ability and opportunity to work, then they should be held to that standard. The idea is that it is not in the child's best interest to have a parent who stops working or fails to really seek a job in order to avoid paying Child Support to their ex-Spouse. While being involuntarily unemployed may be a more common scenario today, many Judges will often still hold someone to what they ought to be earning. Here are some factors to think about:

1. Has the spouse previously earned an income consistently, showing recent opportunity to work?
2. Does the education level of the spouse show an ability to work in a given field?
3. Has the spouse previously quit or were they laid off? This goes to the opportunity and ability arguments.
4. How affected by the economic downturn is the field or occupation that the spouse was working in?

For example, the Real Estate or Banking Industry may be more susceptible to the downturn than Healthcare or Education.

The basic common sense rule is that you can lead a person to a job opportunity, but you can't make them actually apply for the job. As a result, imputed income is just one way of combatting efforts to shirk responsibility of paying for one's Child Support.

A Los Angeles Family Law attorney can explore the area of Imputed Income if you feel that a spouse is not being held to their proper Child Support Obligation. If you are being forced into Court because your ex-spouse is claiming you should be working, a Family Law Attorney can help defend you if your unemployment is involuntary. Frazee/ Laron is a law firm that can help solve your family law problems and make sure your rights are being fairly represented.

Kirk Laron
Pasadena Family Law Attorney

A recent case greatly affects the rights of Los Angeles residents, Carmona v. Carmona (9th Cir. 2008) 544 F.3d 988, by providing strong protections for an ex-wife (or ex-husband for that matter) that was a beneficiary of her ex-husband's retirement account. Where the husband later married his present wife and tried to switch his retirement to his present wife, the Court ruled that there was no reversing the benefit to the ex-wife if that retirement had become payable during the prior marriage.

Even when there is waiver language in the Marital Settlement Agreement, the Court will not replace the former spouse who is already locked in under a Qualified Joint and Survivor Annuity under ERISA.

However, the plan must be an ERISA regulated plan. What is interesting to note is that even if both parties somehow attempt a later agreement in a Qualified Domestic Relations Order, the Court will not give it any power. Simply put, once the ex-spouse retires and the prior spouse is named on that ERISA Retirement Plan, the deed is done. The rights are irrevocably vested! If you are concerned about your divorce and how things will end up, do not hesitate to contact the Offices of Frazee/ Laron.

Kirk Laron
Los Angeles Family Law Attorney

While visitation necessarily turns upon the custodial parent's ability to make the child available for visitation, a custodial parent probably has sufficient control over a child of "tender years" to compel the child to visit with the other parent under the terms of the court order; and the custodial parent's failure to comply would thus be punishable by contempt.

Teenagers are a different breed. Although teenage children remain subject to their parents' control until age 18 or marriage, if a teenager refuses to visit with the noncustodial parent through no fault of the custodial parent, the noncustodial parent probably has no remedy. The California Court of Appeal held in 1987 that a mother of a 14-year old child could not be held in contempt because there was no showing that the mother had the ability to compel the child to visit.

Lesson learned. The noncustodial parent needs to make quality time with the teenager so that the teenager will want to visit with him/her. Sitting on the couch watching television and making out with a lover is not quality time with the teenager. Or having the teenager "hang out" with you and your friends and/or lover may not be enjoyable for the teenager. A child is visiting with YOU not your friends and needs your undivided attention during this visitation period no matter what age if you want to develop a parent-child bond and continuing relationship. Just because the noncustodial parent's child support will be reduced based upon the visitation time is no reason to force the teenager to visit; the teenager knows that reason. It is the noncustodial parent's duty to make the teenager want to visit and the custodial parent's duty to encourage the visitation. A family law attorney in Los Angeles can provide you the appropriate advice in when and how to go to Court effectively to modify child visitation and/ or child support.

-RoseAnn Frazee-
Pasadena Family Law Attorney

Many parents in Los Angeles think that they can simply make an agreement as to how much Child Support needs to be paid. While Spousal Support can often be decided by agreement amongst the parties, Child Support must be based on certain mandated factors that the Court must consider. Those factors are known as guideline support and are as follows:

• The income that both parents either earn or are able to earn.
• Actual time spent with each child
• How many children there are that qualify for support
• Tax filing status based on each parent's tax returns
• Health Insurance coverage
• Additional sources of money that help support the children
• Retirement Contributions that are mandated and not by choice
• Additional costs for the benefit of the child such as Daycare, Tutoring, etc.

Many times, parents think they can simply get an attorney to come into Court and make their own rationale for appropriate Child Support, but this is totally false. The Judical Officer must abide and consider these factors specifically or that Judicial Officer subjects themselves to an embarrassing appeal.

The real attorney's worth comes in making sure the Court is accurately and thoroughly informed about these factors, and is able to demonstrate why the current facts of the case no longer supports the Court's last Order due to a change in circumstances, law, or facts of the case. Contact a Family Law attorney in Los Angeles in order to get a straightforward, no nonsense consultation to see if your Child Support needs to be re-opened to your benefit.

Kirk Laron
Los Angeles Family Law Attorney

Not all Divorces in Los Angeles have to be long, expensive, drawn out affairs. In fact, if a divorcing couple wants to come to an agreement and several conditions are met, the initial paperwork can be done in less than 30 minutes.

In a 30-Minute divorce both parties must sign what is known as Summary Dissolution of Marriage. The parties must have (1) been married less than five years; (2) no children and wife not pregnant; (3) one party must have lived in California for at least six months and in the county of filing for at least three months; (4) no real property; (5) except automobiles, they owe no more than $6,000; (6) total fair market value of community property assets, not including what is owed on those assets and automobiles of less than $38,000; (7) neither party has separate property in excess of $38,000.

However, do not make the mistake of thinking that just because you filed your initial paperwork, you are already divorced. All parties in California must wait six months and then the final papers can be submitted in order to declare the divorce finalized.

Kirk Laron
Pasadena Divorce Attorney

Child Support Arrearages in Los Angeles have a funny way of adding up. Many people think, why hurry into Court when they are just adding up anyway. Well, this is only partially true. If you know that circumstances have changed and that you are owed more Child Support, then you had better file right away, or you will not receive anything prior to the time of filing. Arrearages only accrue on existing court orders.

Here's an example: Spouse A commits Domestice Violence and has a Restraining Order put against them, taking away their Visitation rights. Spouse B knows that now the Child Support is going to increase for Spouse B because now they have 100% custody, instead of something less. The person often thinks, no big deal, surely the Court will enforce the proper child support against the Spouse A, who has the Restraining Order.

Until Spouse B files for the Change in Child Support they will receive no extra support, no matter that it was Spouse A that caused the problem. Unbelievably, the Court expects the affected Spouse to file the next day, or they will lose the Child Support that they should be due under the concept of fairness.

The Lesson is: Don't Sleep on Your Rights! The Court will be unmoved by the obvious injustice. If you know that you need to modify your Child Support, get a Family Law Attorney right away to file your case. Every day you wait is lost Support that could be going to your Child's needs.

Kirk Laron
Family Law Attorney

Getting divorced in California, or anywhere else for that matter, typically brings the inevitable dividing of assets, which can be a never-ending fight. However, it also brings the division of debts. Many couples run into Divorce Court and get approval to divide their debts according to their agreed upon division without realizing that a Creditor must agree or it is not binding as to that particular Creditor.

Everything is fine, of course, as long as the divorced individuals keep making their payments. But, what happens when one person declares Bankruptcy or otherwise defaults on their debt payments? The creditor will look to see who is on the agreement, the ex-husband, ex-wife, or both. If both parties are on the agreement, then the creditor can go after either individual for the full amount owed! The fact that the Divorce Court has authorized the division of debt means absolutely nothing to the creditor unless that creditor has agreed otherwise. The obvious question becomes why the creditor would agree to let one of the parties off the hook, when they have no obligation to do so.

As a result, when a couple has more debts than assets, it can be wiser to file the divorce and bankruptcy at the same time. In this way, the joint debts can be discharged without worrying about whether your Ex is going to keep making their payments or not when you have not control over them. Ideally, this situation is best handled by an Attorney who performs both Family Law and Bankruptcy Law. Remember, Joint Debts survive Divorce until fully paid!

Kirk Laron
Family Law and Bankruptcy Attorney

The California economic downturn has led many to speculate that people cannot afford to get a Divorce nowadays. While there is some evidence to suggest that this may be true, the incidents of Child Support Modification filings appear to be growing. Since Child Support is largely based on two factors: 1) Income and 2) time spent with Parent, the fact that many people in Los Angeles have either lost their jobs or are underemployed has led to a significant decrease in what people can afford to pay. As a result, people are now coming to Court to get much needed relief from Child Support payments that are based on incomes they are no longer earning.

Many times, there has been the feeling by one parent that the other parent is not working ON PURPOSE in order to not pay more Child Support. This led to the concept of Imputed Income, whereby many parents were held to the standard of what they should be making rather than what they were actually making. Nowadays, however, the common excuse of "I can't find a job!" has become far more believable. The trend of lowering Child Support Payments will likely continue in the same direction as the unemployment rate, which is 11.9% in California according to July 2009 statistics.

If you think your Child Support is no longer based on your actual earnings, you should consult a Los Angeles Family Law Attorney. Otherwise, you may soon be consulting a Los Angeles Bankruptcy Attorney instead!

Kirk Laron
Pasadena Attorney