CONTACT A CALIFORNIA FAMILY LAW ATTORNEY... USING THIS MAIL-FORM IS EASY AND FAST. A FAMILY LAW ATTORNEY WILL CONTACT YOU WITHIN 24 HOURS

VIOLATING A COURT ORDER FOR CHILD SUPPORT... EQUALS... NO DRIVER’S LICENSE AND/OR PROFESSIONAL LICENSE

Don’t be a Dead Beat Parent:


Do not let this happen to you. If you fall into one of any of the following categories, we can help you:

• 
  
  If you are falling behind in child support because your pay/ wages have changed since your last order, then we can help you obtain a guideline child support order that reflects your current pay so that you do not lose your license!

• 
  
  If you are paying too much for child support because you now have primary custody of your children, or have been spending more time with your children then you were when the child support was issued, then we can help you obtain a guideline support that reflects the current child custody/visitation agreement that you are exercising so that you do not lose your license!

• 
  
  If you have been awarded child support, but have not been able to enforce, we can help you enforce it, and make sure that the parent is paying their share of child support!

The truth is that pursuant to California Family Code 17520, a local child support agency has the power of suspending a persons driving and/or professional licenses, such as attorney’s license and real estate license. They also may levy your bank account and/or the Franchise Tax Board may intervene a tax refund.


If you are NOT paying your child support, you may lose your driving privileges and working privileges. As we all know, it is difficult to impossible to maintain a job without a driver’s license. Or worse, it is difficult to impossible to maintain a job, if you lose your professional license in the field you are trained in.

The local agency has the power to send you a service of notice of suspension once you are 30 days late in your child support payment, which states that it will suspend your license indefinitely unless you pay your child support or make payment arrangements.

If you obtain this Notice, Do NOT IGNORE IT! If you fail to obtain a release from the local child support agency, the Department of Motor Vehicles and/or other licensing board will suspend your license(s) after 150 days of being delinquent.

You may challenge this suspension by first requesting an internal review in writing. If the local agency still refuses to lift the suspension, you may make a motion to the Court for a Conditional Release. We can help you bring forth this motion!



Do NOT lose your driver’s license and/or professional licenses. Contact an attorney before it is too late!

CALIFORNIA CHILD SUPPORT, CHILD CUSTODY, MODIFICATIONS & THE DEPARTMENT OF CHILD SUPPORT SERVICES

The payment of child support is a serious matter that can have very serious ramification for non-payment. For example, the local department of child support services could seek to enforce the current monthly child support order by taking any of the following steps:



1. Suspend any and all state issued licenses such as

• Driver’s license

• Professional licenses

If this occurs you can either retain a family law attorney to negotiate with the

Department of Child Support Services or file a motion to request Judicial

Release of any and all state licenses that have been or will be suspended.

The Department of Motor Vehicles can charge a fee to reinstate your license.

The fee can be around $15.00 in California. The California Department of Real
Estate Charges around $85.00 dollars to reinstate a license. It can take up to

7 to 10 days to obtain the release of any state issued licenses.

If by court order it can take up to three (3) days. If your license is suspended

By the Department of motor vehicles a temporary license can be issued for a

Period of 150 days which will then terminate at the end of the 150 days unless

Released.



2. Bank Levy/ FTB Collection program

The State Department of Child Support Services can levy your accounts

And have the Franchise Tax Board intercept income tax refunds IF you are

past due in the payment of your child support by $100.00 dollars or more.

The Franchise Tax Board runs an asset search and issues a levy if

there are any assets available for levy. The first $3500.00 can be

Exempt or you can hire a family law attorney to file a motion to request

Additional exemptions due to a factual hardship.



3. Denial of Passport

The Department of State can refuse to issue a passport to any person who

Owes $2500.00 or more in child Support payments. A notice will be sent

To by the State Department.



4. Child Support Services can report you to the Credit Reporting Agencies

Your payment or non payment can be reported on a monthly basis to

All credit reporting agencies such as TransUnion, Experian, Equifax and

Inovis.

CALIFORNIA SUPREME COURT STRIKES DOWN "SAMES-SEX MARRIAGE"

On May 15, 2008, the California Supreme Court struck down the state's ban on same-sex marriage saying sexual orientation, like race or gender, "does not constitute a legitimate basis upon which to deny or withhold legal rights."

In a 4-3 ruling, which took effect on June 16, 2008, Chief Justice Ronald George wrote for the majority stating that "the California Constitution properly must be interpreted to guarantee the basic civil right [to form a basic family relationship] to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples."

Shannon Minter, attorney for one of the plaintiffs in the case, the National Center for Lesbian Rights, called the ruling "a moment of pure happiness and joy for so many families in California."

"California sets the tone, and this will have a huge effect across the nation to bringing wider acceptance for gay and lesbian couples," he said.

Groups opposing same-sex marriage also reacted strongly to the ruling.

"The California Supreme Court has engaged in the worst kind of judicial activism today, abandoning its role as an objective interpreter of the law and instead legislating from the bench," said Matt Barber, policy director for cultural issues for the group Concerned Women for America, in a written statement.

In a dissenting opinion, Associate Justice Marvin Baxter wrote that although he agrees with some of the majority's conclusions, the court was overstepping its bounds in striking down the ban. Instead, he wrote, the issue should be left to the voters.

The issue, in fact, is left to the voters with Proposition 8, a proposed constitutional amendment titled Eliminates Right of Same-Sex Couples to Marry Act, whose proponents intend to override the Court's decision. If passed, the proposition would change the California Constitution to eliminate the right of same-sex couples to marry in California.

A new section would be added stating "only marriage between a man and a woman is valid or recognized in California. The measure will appear on the 2008 California general election ballot this November.

DIVORCE/ LEGAL SEPARATION/ DISSOLUTION OF DOMESTIC PARTNERSHIPS/ ANNULMENTS:

DISSOLUTION OF MARRIAGE (DIVORCE OR MARITAL DISSOLUTION)
A dissolution of marriage, which is more commonly known as divorce, terminates the marriage of the spouses and resolves issues between them, including child custody, visitation, child support, spousal support, asset and debt distribution, former name restoration, and even restraining orders.

California is a NO-FAULT jurisdiction. Another words, the actual reasons for the marital breakdown is irrelevant. It is irrelevant whether one spouse or the other was at fault, or whether one spouse committed adultery. Also California does NOT have ABANDONMENT laws, and thus one spouse or the other may leave the home, and not be charged with abandonment.

LEGAL SEPARATION
Our Firm typically suggests a dissolution of marriage over a legal separation when the parties believe that their marriage has irreparably broken down. However, if this is not the case, Legal Separation is an alternative to the dissolution of marriage.

A Legal Separation resolves issues between the spouses, such as spousal support, child support, custody/ visitation, and the division of the community estate; however, Legal Separation does NOT terminate the marriage of the spouses so the spouses may NOT remarry. Also, if one files for Legal Separation, one does NOT have to meet the residency requirement in California, which is six months prior to filing for divorce. Often, people who seek legal separation do so for religious or personal reasons. One common reason to seek a Legal Separation instead of a dissolution (divorce) is that the parties retain eligibility for medical insurance that would otherwise be lost by a termination of the marriage. Interestingly, after a judgment of legal separation, the spouses do not acquire further community property and they do NOT owe each other any spousal duties of care and support except as ordered by the court pursuant to the judgment.

DISSOLUTION OF REGISTERED DOMESTIC PARTNERSHIPS:
Our Firm has handled Registered Domestic Partnerships, and has assisted in their dissolution. In many ways, the process is identical to that of a dissolution of marriage (divorce) Domestic partners are "two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring." Persons of opposite sexes may not constitute a domestic partnership unless one or both of the persons are over the age of 62. Currently, the new Supreme Court case condones marriage between persons of the same sex.

ANNULMENTS (NULLITY)
An Annulment of marriage is also known as a Nullity and is often difficult to prove, unless there is substantial evidence that one of the following grounds is met: incest, bigamy, underage without parental consent, prior existing marriage, unsound mind, fraud, force, and/or incapacity. You may consult our Firm to see if you are eligible for an annulment. If you are granted an annulment, it is as if the marriage never happened.

ISSUES RELATED TO THE FAMILY:

PATERNITY
Our Firm strongly suggests that unmarried parents bring a Paternity Action to establish their biological ties to a child. Typically, if our Client has not been married, or is uncertain of whether or not their child or children are biologically theirs, we begin by opening a Paternity Action. In the State of California, if one does not pursue a Paternity Action within the first few years of the Child’s life, then a person loses the ability later in the child’s life to bring this action. Thus it is essential to bring this action early on.

A Paternity Action is held when the parties do not know who the actual father of the Child is. In California, you may establish the parentage of a child through any one of these avenues: Sign a Voluntary Declaration of Paternity, or ask the Court to establish Parentage. Usually, unmarried people file a Complaint to Establish Parental Relations. This is a legal action in California Superior Court that determines parenthood rights, child support, and establishes the future rights and privileges of parenting, i.e. a parenting plan, custody, visitation, and time-sharing arrangements.

RESTRAINING ORDERS (PROTECTIVE ORDERS)
Our firm is committed to obtaining justice for all of our Clients! Whether you are the victim, or the person wrongfully accused, we can help! We expeditiously & successfully prepare and defend restraining orders on a case by case basis. We understand the emotional and tragic consequences that occur if a restraining order is denied to a victim, or wrongfully placed on someone. We aggressively and carefully fight to preserve the integrity and rights of our Clients!

A person seeking a Family Law Restraining Order is considered a “protected person” and usually falls into one of the following categories: He or she is a spouse, cohabitant, is dating or engaged to the aggressor, is a coparent, child, or blood relative to the aggressor.
A “protected person” may obtain a restraining order if he or she has been abused.

The California Family Code Section 6203 defines abuse as the following: intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, placing a person in "reasonable apprehension" of imminent serious bodily injury to that person or another or engaging in any behavior that has been or could be enjoined pursuant to California Family Code § 6320.
IF one is granted a temporary restraining order one may obtain temporary custody, child abduction prevention orders, protective orders where child sexual abuse is alleged, assaultive conduct & Property destruction orders, an order excluding a party from "the family dwelling, firearms restraining order, wiretap order, restitution orders, orders to attend a batterer’s program, harassment/ stalking orders, an order determining the temporary care and control of any minor child of the endangered person and the person against whom the order is sought (Ca Fam § 6252(b))

CHILD CUSTODY
We take extreme caution with Child Custody and Visitation rights, and devote our efforts to looking for what is in the best interest of the children. We help both mothers and fathers maintain and/or create a significant bond with their child. We handle child custody matters expeditiously. Our mother and father clients alike appreciate our consideration, but objectiveness in pursuing custody and/or visitation.
It is important to recognize that California Courts only have jurisdiction over natural born or adopted children. They do NOT have jurisdiction to hear the custody request of a stepparent. Thus a stepparent does NOT have any custody and or visitation rights over their stepchild.
Two forms of custody or Legal and Physical Custody. These terms are often confused and misused; however, if you would like to see what best suits you, you may contact our Firm for more information of the type of custody you would like to seek.

CHILD VISITATION
We can help you decide what is in the best interest of the child as far as visitation with the factors at hand. You will never be alone. You will always have someone to guide you!
Visitation is often awarded to the non-custodial parent, or the parent who does not have primary custody. Typically, child visitation is alternate weekends, which include midweek visits. However, there are many options to the parenting schedule that a parent may pursue. Our Firm will help you in coming up with a parenting plan that best fits your needs, and more importantly, the needs of your children.

CHILD SUPPORT
In California, both parents have a legal duty to provide financial support for their children. Child support is a formula, and is essentially based on two factors 1) the income of the parents, and 2) the time that each parent spends with their child. The court may order either or both parents to make ongoing payments to cover a child’s living and medical expenses. If there is no current court ordered custody or visitation, our Firm encourages and advised that parents seek to obtain one. Without a custody/ visitation order, then the timeshare of each parent will be an estimate, and may not be accurately calculated. Our Firm will help ensure that all factors are including in the formula, including but not limited to hardships, mandatory retirement payments, health care premiums, spousal support and child support from another marriage, and property taxes.

CALIFORNIA FAMILY LAW DOMESTIC VIOLENCE: WE CAN HELP?

DOMESTIC VIOLENCE: WE CAN HELP?

Are you a victim of domestic violence? If so, WE CAN HELP YOU obtain a restraining order in family court against the perpetrator. We can SHIELD you from the physical and emotional abuse you or your children have sustained.

OR

If you have you been falsely accused of domestic violence or spousal abuse, WE CAN HELP YOU. We will defend you from your spouses or cohabitant significant other who is falsely accusing you in order to keep you away from your home or your children. Often these allegations are brought by a self represented party.



USING DOMESTIC VIOLENCE AS A SHIELD OR SWORD???

As family law attorneys we constantly see the horrific emotional and physical affects of domestic violence toward spouses and children. Domestic violence is a tragic type of violence that is a serious offense that should be immediately reported to law enforcement and the courts! It is important to document with the police, friends, and family members. We daily help women and men deal with this family taboo and help free their families from the emotional and physical scarring these acts of abuse cause.

Similarly, because we know of the devastating affects of this type of violence and the serious ramifications that a restraining order has, we carefully select our cases and ensure that women and men are not using these allegations as swords to keep moms and dads from their homes and from their children. We are committed to also helping those who has been falsely accused of domestic violence. It is an injustice for false serious allegations to be used as leverage in custody battles and divorces.



DOMESTIC VIOLENCE PREVENTION ACT (DVPA): WHO IS PROTECTED?

The law is on your side! California Family Code § 6200 et seq. incorporates this act. The intent of domestic violence laws are to prevent the acts of domestic violence from reoccurring.
California Family Code §6211 specifically states those who can be protected by a Family Law Restraining Order. Those people are as follows:

- Spouse: A spouse or former spouse.

- Cohabatant: or a person who regularly lives with you in your home, or who regularly lived with you in your home.

- Dating Or Engagement Relationship: A person with whom you have a "dating” relationship with, or have been
“hooked” up with in some way. A "dating relationship" is defined by the Family Code as having "frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement independent of financial considerations."

- Coparent: A person with whom you have had a child with.

- Child: if you are a child of the person who is committing domestic violence.

- Blood Relatives: if you are related to the person by consanguinity or affinity within the second degree. In other words, father-in-laws and brother-in-laws are included.



HOW TO PROVE DOMESTIC VIOLENCE? “HE SAID, SHE SAID” vs. “PROOF”

California Family Code § 6300 specifically states that a person must show "reasonable proof of a past act or acts of abuse" in order to obtain a protective order, or a restraining order against one of the persons above.
The Family Code defines "Abuse" as intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, or placing a person in "reasonable apprehension" of imminent serious bodily injury to that person or another, or engaging in any behavior that has been or could be enjoined pursuant to Ca Fam § 6320.
In other words, a person does not have to physically touch you to have abused you. For example a person who shatters a mirror with their fist and says, “I’m gonna kill you next,” may be committing domestic violence. In this example, you should immediately call the police and flee to a safe place. You should take pictures of the shattered mirror, and ask the officer to find the person who shattered the mirror, to see if the police can find any physical wounds or blood that links them to the breaking of the mirror. Immediately after the incident the victim should obtain a restraining order against this person to prevent this person from any further retaliations.



MAKE SURE TO OBTAIN A RESTRAINING ORDER AND OTHER ORDERS TO BE PROTECTED:

When a person is seeking a restraining order, they can ask the Court for the following additional temporary orders:

- Temporary Custody: where the custody of a minor child is in issue, a parent may ask for sole physical and legal custody until the other parent seeks help by engaging in parenting classes, a 52 week batterers program, anger management, drug testing, or any other program the court seeks to be just and proper.

- Temporary Child Visitation: a parent may ask for no visitation, or supervised visitation, depending on the severity of the violence that was committed by the other parent.

- Child Abduction Prevention Orders: if there is a risk that one parent may abduct a minor child and flee to another county, state or country, then you should alert the court to this.

- Dwelling Exclusion: You may want to ask the court to order the person out of the family home. In domestic violence cases, you may be asked to leave the home temporarily, even if you hold title until a full hearing takes place. You must show the court that you have some right to remain in the premises.

- Firearms Restraining Order: Typically if a restraining order is granted, then the person who is the alleged aggressor must turn in to the local law enforcement any and all firearms they have in their custody and possession. The alleged aggressor may NOT own, possess, purchase, or have under their care any type of firearm.

- Wiretap Order: Also, you may want to ask the court to allow you to record any communication that the aggressor attempts to make with you or has with you in violation of the temporary orders. If you do not have this provision written in an order than you may be in violation of Federal wiretapping laws



HOW DO YOU OBTAIN PROTECTION/ A RESTRAINING ORDER

In California, you typically request an emergency order, or an ex parte hearing. To obtain an ex parte hearing, you fill out all the appropriate paperwork in your county and make sure that you specifically in detail explain the most recent incident of abuse and any other specific incidents of abuse that you have sustained. If the abuse has been in the presence of your children or someone else, make sure you include their statements. Also include any Emergency Protective Orders or Criminal Protective Orders, along with police reports that have been issued to you for this incident or other incidents of violence. The goal is to get the Judicial Officer’s attention on the face of the documents.

Usually, you will find out within an hour or two if the Judge has given you a temporary restraining order. If you have been given one, make sure you take to your local enforcement agency so that they can serve it on the person who has committed the act of abuse. Also, make sure you carry one on you at all times, and have distributed one to the child’s school, place of employment, or any other place you frequent.
A temporary restraining order is usually only given to you for a period no longer than twenty-one (21) days. During this time, the court sets a hearing, and at that hearing the person who was alleged to have committed domestic violence is given notice and must appear to defend himself / herself. This hearing is then a mini-trial where each person presents their evidence, testimony, arguments, and reasoning for obtaining a restraining order or defending oneself from getting a permanent restraining order issued against them.


AS FAMILY LAW ATTORNEYS, WE CAN HELP YOU! FOR MANY, THIS IS A TEDIOUS PROCESS; HOWEVER WITH THE CORRECT GUIDANCE WE CAN HELP GUIDE YOU THROUGH THIS DEVASTATING CHAPTER!

EXECUTIVE DIVORCE ISSUES

High earners, for example CEO’s, partners and their spouses, face unique challenges in a divorce. Often, income and other compensation/assets are acquired in the form of non-liquid partnership interests, vested and non-vested stock options, intellectual property, etc.,

You can be confident that The Law Firm of Bettina Yanez will assist you in obtaining a fair and equitable distribution. We will explore your options and guide you in obtaining your desired outcome. We can assist in choosing a forensic accountant that will evaluate the value of a business and/or the monthly income of a spouse. We will obtain tax returns and assist you in complying with the required financial disclosures.

Our experienced attorneys are ready to assist you in obtaining a respectful divorce while keeping your children’s best interest in mind.

WHO CAN BE A LEGAL GUARDIAN?

• Relatives

• Family friends

• Any other trusted Adult

A Guardianship is a legal action in which a party files a Petition for Guardianship with the Probate court in the County of residence where the person/minor is found.

This Petition comes before the court and the Judge can approve the Petition so that
An Adult (other than the Parent) is given the authority to physically care or handle the property/assets of a minor, once the proper notice to relatives has been given. The court may not approve your Petition if you have been convicted of a felony, you can’t manage money or you are charged with abusing or neglecting a minor.

A Guardian shall serve in the capacity of a Guardian until released by the Court. This can occur when the minor reaches the age of 18 or earlier if the Guardianship is terminated by the Court.

In California, the means by which you can obtain a Guardianship is through the appointment of a person by a Judge. Informally signing an agreement/or naming someone in your will giving a third party guardianship does not automatically make that person your child’s guardian.

There are two types of Guardianships or powers your Petition can request.

• Guardianship of the Person (Custody)

• Guardianship of the Estate (Property)

A Guardianship of the Person gives an adult the authority to take custody/care of the child such as enrolling is school or obtaining medical care.

A Guardianship of the Estate maybe necessary in order for an Adult/third party to manage a minor’s money/property/other assets that are in the sum of over $5,000.00, obtained through inheritance, insurance proceeds or if the minor will receive benefits from an agency that requires a guardianship of the Estate before dispensing any benefits due the child.

A court will consider the proposed Guardian carefully before appointing that person. An investigation of the proposed Guardian will take place and a report will be provided to the court. Judges have discretion when deciding who to appoint as a Guardian and are given guidelines provided by the Family Code such as sections 3040 and 3041.


The Order of Preference for appointing a Guardian of the Person is:

1. To Parents, if available.
   
   
2. Person with whom the minor has been living in a wholesome, steady and secure environment.
   
   
3. Other adult who can provide care and guidance to the minor pursuant to California Probate Code Section 1514.
   

Once you are appointed you must keep accurate records of any and all money and property you have managed for the minor and you will need to provide an accounting to the court. You can be removed as a Guardian if you fail to file your accounting as required. The required format is found in the probate code.