Co-parent Drop-off Tips

Many aspects of co-parenting can be a challenge, and one that frequently presents is drop-offs and pick-ups. Emotionally charged co-parenting drop-offs can be one of the most difficult aspects of shared custody arrangements, often bringing emotional stress for both parents and children. Successfully navigating these transitions to reduce the stress on your children will benefit everyone involved.  This article will summarize helpful coparent drop-off tips suggested by TheEveryMom.com.

  • Establish a Consistent Routine: A regular drop-off and pick-up schedule helps children know what to expect, reducing anxiety. Consistency is especially important for young children, who thrive on predictability. When creating a routine, consider your child’s school and extracurricular schedules. Sticking to the agreed-upon times and communicating any necessary changes in advance shows respect and fosters a stable environment for the child.
  • Keep Communication Open and Focused: Effective communication between co-parents is crucial for managing the logistics of shared custody. Whether you prefer texting, emailing, or using a shared calendar app, the key is to keep the communication focused on the child’s needs and logistics. Avoid discussing contentious issues during drop-offs, as this can create a tense environment that negatively impacts the child. By keeping the conversations child-centered, both parents can maintain a positive co-parenting relationship. 
  • Choose Neutral Drop-Off Locations: Selecting a neutral, comfortable location for drop-offs can help minimize potential tension. This might be a public place like a park, a mutual friend’s house, or another familiar spot where both parents and children feel safe. Avoid locations that might trigger emotional reactions or past conflicts, as the goal is to create a calm and peaceful transition for the child.
  • Be Punctual and Prepared: Punctuality is not only a sign of respect but also essential for maintaining your child’s routine. Arriving on time for drop-offs and pick-ups helps prevent unnecessary stress and disruptions. Additionally, ensure your child is prepared with everything they need for their time with the other parent, such as clothes, school supplies, and any necessary medications. Being organized and on time helps foster a sense of security and trust between all parties.
  • Stay Positive and Supportive: Your attitude during drop-offs can significantly influence your child’s experience. Even if you’re feeling stressed or emotional, it’s important to remain positive and supportive. Avoid arguing or discussing disputes with your co-parent in front of your child, as children are sensitive to tension and conflict. Demonstrating a positive demeanor during drop-offs can help ease your child’s anxiety and reinforce that they are loved and supported by both parents.
  • Use Drop-Offs as an Opportunity for Connection: Drop-offs can also serve as a moment to connect with your child and offer reassurance. A quick hug, some words of encouragement, or a reminder that they will have fun with the other parent can go a long way in making your child feel secure. Letting your child know that it’s okay to enjoy their time with the other parent helps foster a healthy, balanced relationship with both parents.
  • Plan for the Unexpected: Despite careful planning, unexpected situations can arise. Being flexible and having a backup plan for emergencies or sudden changes in schedules is important. This might involve arranging for a trusted friend or family member to step in if needed. Having a contingency plan helps reduce stress and ensures that things continue to run smoothly, even when unexpected challenges occur.

DAVID KNECHT LAW DIVORCE ATTORNEYS

At David Knecht Law, we understand the challenges of co-parenting and are here to support you through every step of your journey. Whether you need legal advice about divorce, child custody, support, or any other family law issue, our team is here to help you create the best possible outcomes for your family. Contact us today at 707-451-4502 to learn more about how we can assist you.   

 

Filed Under: Divorce Attorney, Divorce Lawyer, Family Law

California Divorce 50/50 Custody Schedules

A 50/50 custody schedule, where parents share equal time with their child, is common in California. A 50/50 custody arrangement can be an ideal solution when both parents live close to one another and can easily coordinate schedules, ensuring the child maintains a stable routine. However, there are cases where couples cannot meaningfully share custody due to the distance between their residences. Co-parenting has become a prevalent reality for millions of parents in the U.S. A study published in Demographic Research discussing coparenting trends reveals that the percentage of divorces resulting in joint custody increased significantly from 13 percent in 1985 to 34 percent in the early 2010s with even more sharing custody today.

This article will focus on custody plans for parents who both live in California and discuss some of the most common 50/50 custody plans. Each of these options offers different benefits and challenges, depending on the child’s age, the parents’ work schedules, and their ability to cooperate.

Understanding Common 50/50 Custody Schedules

  1. 2-2-3 Plan: In this schedule, one parent has the child for two days, the other parent has the child for the next two days, and then the child returns to the first parent for a three-day weekend. The following week, the schedule reverses.
  • This plan works well for younger children who benefit from frequent contact with both parents.
  • It requires parents to live close to each other and maintain consistent communication.
  • It can be challenging for scheduling because one parent will have children on Monday and Tuesday for one week and then Wednesday and Thursday another week.
  1. Alternating Weeks: This plan involves the child spending one full week with one parent, followed by a full week with the other parent.
  • One benefit of this plan is fewer transfers and interactions with the other parent at transfers.
  • This plan provides a stable routine, especially for older children who can handle longer periods away from each parent.
  • However, it might be challenging for younger children who may struggle with not seeing one parent for an entire week.

 

  1. 3-4-4-3 Plan: In this schedule, the child spends three days with one parent, four days with the other parent, and then four days with the first parent, followed by three days with the second parent.
  • This plan balances the time spent with each parent over two weeks, providing more extended periods with each parent while still allowing for regular transitions.
  • This plan can be confusing since it is alternating.

Factors to Consider

Creating a successful 50/50 custody schedule requires careful consideration of several factors:

  • Child’s Age and Needs: Younger children often benefit from shorter, more frequent contact with both parents, while older children might prefer longer periods with each parent to establish routines. Consider the child’s school schedule, extracurricular activities, and any special needs.
  • Parents’ Work Schedules: A 50/50 custody schedule must align with both parents’ work commitments. Flexibility and a willingness to accommodate changes are essential to ensure the schedule works for everyone involved.
  • Parental Cooperation: A key to making any custody schedule work is effective communication between parents. The success of a 50/50 schedule depends on both parents’ ability to cooperate, make joint decisions, and prioritize the child’s well-being over any personal conflicts.
  • Distance Between Parents’ Homes: The closer the parents live to each other, the easier it is to manage a 50/50 custody schedule. Long distances can create logistical challenges, especially when considering the child’s school and social activities.

Legal Considerations

California courts prioritize the child’s best interests when determining custody arrangements. While a 50/50 schedule is common, it must be deemed beneficial for the child. Factors such as each parent’s living situation, the child’s relationship with each parent, and the ability to provide a stable environment all play roles in the court’s decision. Additionally, if parents cannot agree on a custody arrangement, the court may order a custody evaluation to assess the situation. The evaluator’s report can significantly influence the court’s final decision.

Getting Professional Help

Consulting with an experienced family law attorney can assist you navigating the complexities of child custody in a divorce. The attorneys here at the Law Office of David Knecht we are experienced in all aspects of family law and can help you. Contact us today at 707-451-4502.  

Filed Under: Divorce Attorney, Divorce Lawyer, Fairfield Attorney, Fairfield Lawyer, Family Law, Vacaville Attorney, Vacaville Lawyer

Divorce Dilemma: To Settle or Go to Trial?

If you follow Hollywood divorces, you may have seen the story on MSN which reported that just one day prior to her passing from cancer, Shannen Doherty, finalized her divorce. Doherty is best known for her roles in “Beverly Hills, 90210” and “Charmed.” With the timing of her divorce settlement the day before her death, Doherty’s divorce has been in the public eye. Doherty, like most people engaged in a divorce, faced the classic divorce dilemma: To settle or go to trial?

This article will discuss the Doherty settlement and suggest ideas five steps to help you evaluate your own divorce case with ideas originally published by Forbes, in an article addressing this common divorce dilemma.

Doherty Settlement Details as per Fox News:

  • Asset division: Shannen Doherty retained ownership of certain assets, such as their Malibu home, three vehicles and four bank account s and 100% of the community property interest in retirement assets for her Screen Actor’s Guild pension plan.
  • Shannen’s image: Images of Doherty taken by Iswarienko are to be removed from his website, and he is “prohibited from exploiting the photographs” of Doherty.
  • Support: Prior to her death, Doherty claimed that her ex-husband, Kurt Iswarienko, was prolonging their divorce in hopes that she would die before he was required to pay her. See Fox News.  Both parties agreed to terminate support. For more details, visit US Magazine.

Step 1: Consider Your Priorities

  • Priorities: A key step in deciding whether to settle or litigate is to determine what your divorce priorities are and to see whether a settlement can address them.
  • The Doherty divorce is an interesting case study because the issue that reportedly was a main point of contention – ongoing support for Shannen Doherty – ended up being somewhat moot, considering that she died just a day after the divorce was settled.
  • None of us has a crystal ball, and the Doherty case illustrates the challenges in evaluating where to give and where to take in a divorce settlement.

Step 2: Analyze the Advantages of Settling in Your Case:

  • Cost-Effective: Settling outside of court can save significant legal fees and other costs associated with a lengthy trial.
  • Time-Saving: Settlements are typically faster than trials, allowing both parties to move on with their lives sooner.
  • Control: Couples have more control over the outcome, negotiating terms that work best for both parties rather than leaving decisions to a judge.
  • Privacy: Settling keeps personal matters out of public court records, maintaining privacy for the involved parties.

Step 3: Evaluate the Disadvantages of Settling in Your Case:

  • Potential for Unfairness: One party may agree to terms that are not entirely fair due to pressure or a desire to conclude the process quickly.
  • Lack of Finality: If not handled properly, settlements can leave issues unresolved, leading to future disputes.

Step 4: Weigh the Advantages of Going to Trial for You:

  • Legal Resolution: A judge makes decisions based on the law, which can be beneficial if one party is uncooperative or unreasonable.
  • Binding Decisions: Court decisions are legally binding and enforceable, providing a clear and definitive outcome.
  • Fairness: The court aims to be impartial, which can lead to a fairer distribution of assets and responsibilities.

Step 5: Forecast the Disadvantages of Going to Trial for You:

  • High Costs: Trials are expensive, with costs including attorney fees, court fees, and other expenses.
  • Time-Consuming: The trial process can be lengthy, often taking months or even years to reach a conclusion.
  • Stressful: The adversarial nature of trials can be emotionally draining for both parties.

Making the Decision

Deciding whether to settle or go to trial depends on various factors, including the complexity of the assets, the level of conflict, and the ability of both parties to negotiate fairly. Consulting with a knowledgeable divorce attorney can provide valuable guidance tailored to your specific situation.

Contact an Experienced California Divorce Attorney

Deciding whether to settle or go to trial depends on various factors, including the complexity of the assets, the level of conflict, and the ability of both parties to negotiate fairly. Consulting with a knowledgeable divorce attorney can provide valuable guidance tailored to your specific situation. At the Law Office of David Knecht, we have extensive experience in all aspects of California family law. We focus on serving clients in Solano, Napa and Yolo. Contact us today at 707-451-4502.

Filed Under: Divorce Attorney, Divorce Lawyer, Divorce Planning, Family Law, General

Recent Calfiornia Family Law Case Involving Judge’s Bias

This article will review an interesting recent California family law case, Featherstone v. Martinez, a summary of which can be found here. The entirety of the case can be accessed here: 

In this case Featherstone (the court refers to her as “Mother”) was the parent of a child who was under six months old at the time. Mother sought sole primary physical and legal custody on the basis that Father traveled a lot for work and was only in town a few days a month. Mother wanted visitation in her home, for only a few hours and with advance notice. Father wanted overnight visits at least hours and overnight visitation. 

The case becomes interesting with the court’s comments that were later found to be biased. Mother was representing herself and the court made statements such as:  “I know how hard it is. You gave birth to the child. You held the child. You’ve taken care of this child. It’s hard to conceptualize that he is every bit of the parent that you are, especially in this case because he’s been there from birth…so here’s the law: If everything is equal, you’re supposed to be sharing 50/50. Not six hours. 50/50.”

Mother retained an attorney and filed a disqualification motion on the basis of judicial bias. As the litigation proceeded, issues arose where the court took umbrage with Mother’s request to record the Zoom visits between Father and child and the court believed the disqualification motion was untimely and procedurally deficient. The Court sanctioned Mother $10,000 and sanctioned her attorney $10,000. 

The Court of Appeals held that both sanctions were improper. The sanction against the attorney was an error because the code section it was based on does not allow a sanction against a party’s attorney. The sanction against the mother was unwarranted because the court cannot sanction a party for taking litigation positions to which the court disagrees. Further, Mother had a right to believe that the judge was biased and file a motion to seek redress. 

TAKEAWAYS FROM THIS CASE

If you feel the court is biased, you have a right to make the appropriate motion. 

An attorney cannot be sanctioned with the legal basis of Section 271 

  • Quote from the case: “Section 271 provides that a family court may impose an award of attorney fees and costs `in the nature of a sanction’ where the conduct of a party or attorney `frustrates the policy of the law to promote settlement of litigation and, where possible, to reduce the cost of litigation by encouraging cooperation between the parties and attorneys.”

Mother appeared at first hearing unrepresented and perhaps may have had a better outcome had she been represented from the start of the case. 

  • Part of the basis for the improper sanction was that Mother’s disqualification motion was untimely. She waited until she had an attorney and then there was a delay in the attorney receiving the transcript.
  • In some cases, having counsel from the beginning can help you prepare the case properly from the onset of the litigation, rather than having to fix problems later.  

Contact an Experienced Family Law Firm

At the Law Office of David Knecht, we have extensive experience in family law. Whether your divorce case is at the beginning, or whether you have tried another firm without success or whether your case has been going for years, we are here to help. We will leverage our many years of experience to provide you with knowledgeable and passionate representation. Contact us at 707-451-4502. 

Filed Under: Family Law

Estate Planning Lessons from Hollywood: New Developments in the Lisa Marie Presley Case

A widely publicized estate planning case that is ongoing is the disputed estate of Lisa Marie Presley. As reported in the New York Times, Lisa Marie Presley (daughter of Elvis Presley), who was only 54 years old, died suddenly. Within a week Priscilla Presley (Lisa’s mother), went to court to challenge the validity of documents that result in Riley Keough (Lisa’s daughter) is the trustee.  In this article, we provide an update on the news of this case and additional best practice takeaways. Full story here: 

In a previous article, we summarized some basic estate planning principles that can be learned from this high profile case. Namely, 1) detail matter in estate planning, so ensure that documents are accurate, 2) if proper notice is required by the terms of a trust or will, then effectuating that notice is critical, and 3) keeping estate planning documents up to date is important because circumstances can change over time, with deaths, marriages, children born, changes in assets, etc.  

RadarOnline publicized that Riley Keough had changed the locks to the private portion of Graceland that was reserved for family use. The LA Times debunked this rumor by reporting that Graceland reps denied the rumors and issued a statement that read: “No locks at Graceland have been changed since Lisa Marie’s passing.“

A recent development in this case is the Lisa Marie’s ex-husband, Michael Lockwood, is seeking to represent their 14 year old twin daughters in an upcoming hearing for the trust. He asked a judge to appoint him guardian ad litem, giving him authority to speak on behalf of the daughters.

Takeaway Lesson for Estate Planning from this Case

One lesson to be learned from this case is that there are potential estate planning strategy decisions that can be made when setting up a trust. For example, a person may consider whether a family member is the best trustee or whether a neutral non-family member might be a better choice. This case also involves a trust that was changed, and it’s the validity of those changes that are being challenged. Another strategy decision that could be considered for a party that is making a change to a trust would be to revoke the original document and rewrite it with the incorporated changes. 

Contact an Experienced Estate Planning Firm

Another lesson that can certainly be learned from the Lisa Marie Presley dispute is that even for the wealthy, estate planning can have unforeseen pitfalls and challenges. For this reason, finding an experienced law firm to assist you is essential in making sure that your wishes are effectuated after you are gone. At the Law Office of David Knecht, we want to help you create a current and accurate estate plan that will help you achieve your goals. Contact us at 707-451-4502. 

Filed Under: Family Law

Imputation of Income for Child Support and Alimony in a California Divorce

A common issue in child support and alimony cases in a California divorce is imputation of income. This article will explain the concept of imputation of income and provide an overview of some of the basics in this area of divorce law. For a deep read on these issues, go to this article, “Kids, Custody and Alimony” from the Journal of Contemporary Legal Issues.

When does imputation of income typically become an issue?

  • In child support or alimony cases
  • When one spouse claims that the other refuses to work or is underemployed. 
  • The court has discretion to assign an income to that person consistent with their earning capacity, ability and income earning opportunities

Does imputation only apply to employment? 

  • No, the imputation can also relate to assets. 
  • The court can also look at income producing assets and impute a reasonable rate of return to historically non-income producing investment assets.
  • For example, if money is in the bank and not earning any interest, a family law judge does have discretion to assign a reasonable rate of return to that investment. 

Is the imputed income added to the actual income?

  • Typically the imputed income is not in addition to the actual income but in lieu of the actual income when it comes to employment.
  • However the judge does have discretion to add the imputed income from assets to imputed income from employment.  

Is there a case that can help me understand how imputation works in a divorce case?

  • An interesting case from the California Court of Appeals 2001, In Re Marriage of Cheriton,  involving imputation of income from employment and investments can be found here:  

Consult the Law Office of David Knecht

Cases that involve imputation of income from employment or assets can be complex. If you need help with child support, alimony or any other issue in a California divorce, please contact us at the  Law Office of David Knecht. We have extensive experience with estate planning and can create a customized and effective estate plan just for you. Call us at 707-451-4502.

Filed Under: Family Law

Child Custody FAQ’s from the California Court

There are some questions that come up so often related to child custody that the California Courts have actually established an FAQ page with the answers to these common issues. This article will highlight some of the questions and answers that are often asked, but the entire FAQ page can be accessed here:  

 

Does joint legal custody mean that we have to agree on everything?

  • Joint legal custody means that both parents share the right and responsibility to make decisions relating to the health, education and welfare of the child. 
  • As per the Court FAQ’s, since both parents each have the right to make decisions, they can make them alone. However, both parents should communicate and cooperate with each other in making decisions. 

 

If we have joint physical custody, do parents have to spend exactly 50% of the time with each parent?

  • There are several physical custody options: 1) joint, where the children live with both parents, 2) primary, where the children live with one parent most of the time and visit the other parent, and 3) sole, where the children live with only one parent and rarely visit the other parent. 
  • Joint physical custody does not necessarily mean that the children must spend exactly half of their time with each parent because splitting the time with mathematical exactness can be challenging. 

Will I pay less child support if I have the children more often?

 

  • The amount of time that the children are spending with you is a factor in calculating child support. 
  • In general , the more time you have with your children, the less child support you will have to pay under the theory that you are spending more money to support the child when they are with you. HOWEVER, the child support formula is not based only on time, but also other factors, such as the other parent’s income. 

CONTACT THE LAW OFFICE OF DAVID KNECHT FOR HELP WITH A CALIFORNIA DIVORCE

Do you have questions about child custody or child support in California, or do you need help with other issues in a California divorce?  Contact the  Law Office of David Knecht. We have extensive experience with family law in California including divorce, child custody, modifications and more. Contact us at 707-451-4502 for more information.  

 

Filed Under: Family Law

Can I Get More Money if My Spouse Cheated?

A commonly asked question in divorce is whether cheating can be used as leverage for the other spouse to get more money or custody in a divorce.  Cheating is typically defined as a physical relationship with a person who is not in the marriage.  This article will discuss the legal consequences of cheating and explain why it is almost always irrelevant to financial or custody issues in a divorce.  

  1. Cheating is not one of the grounds for divorce in California. 
  • There are two grounds for divorce in California:  irreconcilable differences and permanent legal incapacity.  You don’t need to prove cheating to get a California divorce because irreconcilable differences covers all problems or differences that make one person in the divorce want to leave the marriage.

 

  • Typically cheating will not result in greater alimony for the other spouse. 

 

California does not consider marital fault when determining alimony payments, so cheating typically does not factor into alimony.

 

  • What are the factors a judge would consider in awarding alimony?

 

California has a list of the factors that a judge should consider when making a spousal support/alimony determination.  This statute can be accessed in its entirety here: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4320.&lawCode=FAM

(a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following:

(1) The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment.

(2) The extent to which the supported party’s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties.

(b) The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.

(c) The ability of the supporting party to pay spousal support, taking into account the supporting party’s earning capacity, earned and unearned income, assets, and standard of living.

(d) The needs of each party based on the standard of living established during the marriage.

(e) The obligations and assets, including the separate property, of each party.

(f) The duration of the marriage.

(g) The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party.

(h) The age and health of the parties.

(i) All documented evidence of any history of domestic violence, 

(j) The immediate and specific tax consequences to each party.

(k) The balance of the hardships to each party.

(l) The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a “reasonable period of time” for purposes of this section generally shall be one-half the length of the marriage. However, nothing in this section is intended to limit the court’s discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties.

(m) The criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award in accordance with Section 4324.5 or 4325.

(n) Any other factors the court determines are just and equitable.

CONTACT AN EXPERIENCED DIVORCE ATTORNEY

An experienced attorney can help make the divorce process easier for you and help you make important decisions.  At the Law Office of David Knecht, at 707-451-4502, we have extensive experience in divorce in California.  Call us today!

 

Filed Under: Family Law, General, Vacaville Attorney, Vacaville Lawyer

How to Calculate Child Support in a California Divorce

One of the most important questions parents face when considering separation or divorce is how to calculate child support in a California divorce.  The information provided by the California Courts and summarized in this article is a good place to start in informing yourself on the process.  Go to https://www.familieschange.ca.gov/en/parents/how-do-we-calculate-amount-child-support

 

  • California Child Support Calculator

 

California law requires courts to adhere to statewide uniform guidelines in setting child support orders. The Payment Estimator applies the statewide uniform guideline calculation to the information that you enter into the blank fields. 

https://childsupport.ca.gov/guideline-calculator/

 

 

  • Calculate Annual Income.  

 

The court bases child support on a parent’s “net disposable income.” This means the parent’s income after state and federal taxes and other required deductions. The court may order support based in part on bonuses, commissions, overtime, and other supplemental or non-wage income if the court determines that this income occurs regularly.  Certain income is NOT counted when determining a child support obligation, for example SSI (Supplemental Security Income).  

 

 

  •  The Amount of Time.

 

There is a wide variety of time share arrangements which have consequences for how child support is calculated.  If the children live with one parent most of the time, then the parent who has the children predominantly will typically receive child support.  However, that isn’t always the case  There are situations where the parent who has the children most of the time will still have to pay the other parent support.  An example of this is where one parent has a much larger income than the other parent.

 

 

  •  Health Insurance

 

 

Medical support is related to child support because Federal and California State Law requires that every child support order include an order for medical support, meaning that the court will order either or both parents to provide health insurance for the child as long as it is available for reasonable cost.  If you do not think you can afford the medical support order, you can file a request to ask the court to modify or terminate the order. 

 

Consult with the Law Office of David Knecht

For a consult with a knowledgeable and professional attorney about your questions relating to child support or any other family law issue, the attorneys at the Law Office of David Knecht, have extensive experience in family law.  Contact us at 707-451-4502 for more information.  

 

Filed Under: Family Law, General Legal Advice, Legal Advice

Do I Have to Pay My Spouse’s Attorney Fees in a California Divorce?

A question that often arises in a divorce is whether one spouse has to pay the other spouse’s attorney’s fees, and like many areas of the law, this legal question does not have an easy yes or no answer.  This article will talk about how the process works in determining whether the wife has to pay the attorney fees or whether the husband has to pay the wife’s attorney fees or whether each party pays their own.  

Family Code 2030

You can read the California Family Code Section 2020 that talks about this question here:  https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=2030.&lawCode=FAM

Each party needs to have equal access to representation

One key part of this law states that the court should ensure that each party has equal access to representation.  To accomplish this goal, the court can order one party to pay the other party or the other’s party’s attorney.  

What does “equal access to representation” mean?

A legal case from 2009, known as Alan S. v  Superior Court of Orange County, helps explain what “equal access to representation” means.  You can read the full opinion here:  https://scholar.google.com/scholar_case?case=9789715232219912999&q=divorce+attorney+fees+alan+s.+&hl=en&as_sdt=6,45

The Alan S. case clarified that a  common misconception is that the purpose of Family Code 2030 is to redistribute money from the greater income party to the lesser income party.  In other words, some people incorrectly believe that this law is in place to make the money “fair” by forcing the richer party to pay the fees of the poorer party.  The Alan S. case clearly explains that equalizing disparate incomes is not the purpose. The purpose is to equalize access to legal representation. 

The idea is that both sides should have the opportunity to retain counsel, not just the one with the greater financial strength.  In fact, the Court in this case was quite clear on that point, and even italicized the take-away message of the case with this explanation: “The whole point of this case, after all, is that each side should have an equal opportunity for legal representation in the upcoming child custody hearing.”

Does the party with greater financial resources always have to pay for the other spouse’s legal fees?

Another common misconception is that the party that is wealthier always has to poay for the other spouse’s legal fees.  That is not the rule, as the decision turns on access to legal representation and not just the difference in incomes between the two parties.  For example, in the Alan S. case, the lower court’s ruling that Alan S. had to pay his wife’s attorney fees was reversed because the court reviewed the  circumstances and concluded that the equal opportunity standard in this instance did not justify an attorney fee award.  

How can you find out whether one spouse will have to pay the other spouse’s attorney’s fees in your divorce?

If you have questions about paying a spouse’s attorney fees, please contact us at the Law Office of David Knecht.  We have extensive experience in all aspects of family law and can answer your questions.  Contact us at 707-451-4502 for more information.  

Filed Under: Family Law, Vacaville Attorney, Vacaville Lawyer
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