Spousal Support Attorney San Diego

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Child Custody
Child Support
Divorce
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Spousal Support
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Spousal Support Attorney San Diego - Lead Counsel
Spousal Support Attorney San Diego

Areas Of Legal Practice And Legal Definitions

The practice area information listed below is a brief description of the areas of law handled by The Law Office of Myra Chack Fleischer. Her firm handles most areas of family law with a unique approach to educating clients. If your matter is not listed here, do not hesitate in contacting our office today at 1-866-435-5847 or use the contact form provided on this site to begin an evaluation of your family's specific legal needs.

CHILD CUSTODY & VISITATION

The right of a non-custodial parent to visit or spend time with his or her children is a crucial legal arrangement. The charge and control of a child including the right to make all major decisions such as education, religious upbringing, training, health and welfare must be a decision that all parties reach and agree upon as a long-term legal solution. Custody usually refers to a combination of physical custody and legal custody.

California uses a "best interest of the child" standard in awarding custody between the parents. Sounds simple, but many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children. If you are awarded the child (children) as "primary custodial parent" it has far reaching consequences both to you and to the well-being and development of your child.

The Law Office of Myra Chack Fleischer is in touch with the fact that disputes affect children. That's why the firm is sensitive to the needs of your children; then we address your options in alimony, visitation, and other custody and support issues. Call us at 858-720-8250 to schedule a free 30-minute consultation with our lead counsel, Myra Chack Fleischer, and gain insight on your options in...

  • Child Custody and Visitation
  • Legal, Physical or Primary Custody
  • Psychological Evaluation for Custody
  • Child Support
  • Spousal Support

A parent's legal obligation to contribute to the economic maintenance and education of children is known as child support. This obligation is enforceable, both criminally and civilly. Each parent has a duty to support their minor children. This financial obligation extends, with a few exceptions, until the child reaches the age of 18 years and graduates from high school or turns 19, whichever happens first. This is assuming that the child has been proven or agreed to "paternity" i.e.: it has been legally established who is the father of the child(ren).

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent . Parents can decide on their own what is a fair amount of support, but the duty of each parent to support their child cannot be waived.

If the parents do not agree the proper amount of support, California has adopted a "guideline" formula, which includes a lot of factors which affect support, such as the amount of time spent with the child, the parties pay, and deductions (i.e. a pension). There are also many "discretionary" deductions from income. The Court may allow deduction items such as catastrophic medical expenses and travel expenses for visitation.

SPOUSAL SUPPORT

When one party has a change in financial circumstances increasing or decreasing their monthly income and they require a change in the support orders Attorney Myra Chack Fleischer can help clients alter their spousal support agreements.

PROPERTY DIVISION

California marital domicile can invoke California "quasi-community property" law meaning that anything viewed by spouses as "community property" and "community debt" incurred during the marriage is divided equally. This may sound simple, but again, a skilled law office can make a large contribution to helping clients settle this issue. Some examples: Family heirlooms, pictures, family pets and furniture. Once again it sounds simple, but often is not.

MEDIATION

A process of non-binding intervention between divorce parties to promote resolution of a grievance, reconciliation, settlement or compromise outside of the court system. This type of out-of-court settlement proceeding can be non-binding if the parties decide not to agree on the terms set by the mediator. While legal counsel is not necessary, most parties hire an attorney to represent their interests during the mediation proceeding.

PATERNITY

Paternity means fatherhood. Establishing paternity is the legal process of determining the legal father of a child. When parents are married, in most cases, paternity is established without legal action. In California, if parents are unmarried, paternity establishment requires a court judgment of paternity. The process should be started by both parents as soon as possible for the benefit of the family members, especially the children.

DOMESTIC VIOLENCE

Often times, spouses in abusive situations are unaware of the resources and legal options available to help them better their lives. Community experts have special training in these types of situations and are a valuable resources to the victims of domestic violence. The Law Office of Myra Chack Fleischer can guide you through the legal options available to you and your family.

PRE AND POSTNUPTIAL AGREEMENTS

Courts usually approve pre and postnuptial agreements as long as it appears generally fair and the court is convinced that the agreement is genuine. Often the court may review financial affidavits attached to the agreement to ensure that both parties agreed without fraud or coercion. These agreements can ensure and protect assets and help families avoid unnecessary conflict.

If you or someone you know in San Diego, California needs the assistance of an experienced family law attorney, contact Law Office of Myra Chack Fleischer today at 1-866-435-5847 or use the contact form provided to begin an evaluation of your family's legal needs.