Los Angeles Family Lawyer Blog

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

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

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