The Penniless Attorney And His Obligation To Pay Child And Spousal Support

You know that paying child and spousal support is tough in California where even a high paid attorney complains about his support obligations. In the case of Marriage of Mosley, an attorney pleaded with the court to modify his monthly child and spousal support payments, claiming that he was financially destitute after making his payments.

After sorting out the interesting facts of this case, the Court of Appeal had to address two common issues: 1) how to apply bonus income to the support calculations; and 2) when to impute earning capacity to a party who insists on not working. I think you will find that the Court applied some common sense in rendering its decision.

The Initial Support Orders

Paul and Dawn Mosley were married for twenty years, lived in Orange County, and had five children. Both parties were licensed attorneys. Notably, Paul was a real estate lawyer during the recent real estate boom. Dawn, on the other hand, quit practicing law early on in the marriage to tend to their children. In 2002 the parties were divorced.

The parties’ 2002 Judgment of Dissolution ordered Paul to pay Dawn $6,810 per month and 21 % of all of his bonus income. The child support order was based on the fact that Paul earned $447,150 for the year 2001, which equated a gross monthly income of $32,175. Paul’s timeshare with the children was 32 percent (a factor considered by California’s guideline formula). No income was imputed to Dawn when support was calculated, since she was still unemployed and taking care of the minor children at the time the divorce was finalized.

Paul was also ordered to pay Dawn spousal support, in the amount of $4,100 per month, plus 15 percent of his bonus income. The spousal support order included a provision that the amount of support was insufficient to maintain the marital standard of living. The total amount of support (child and spousal combined), amounted to $10,910, plus 36% of all of Paul’s bonus income.

The Times, They are a Changing!

As Paul’s tax returns revealed, the practice of a real estate attorney was quite lucrative between 2000 and 2003. This chart shows Paul’s income (base salary and bonuses combined), for the listed years:

2000 – $529,652

2001 – $616,697

2002 – $689,215

2003 – $753,651

Unfortunately, the real estate market’s bubble burst. Paul found himself out of a job when his law firm phased out their real estate practice. In February, 2005, Paul took up a new job as in house counsel with a home builder. Paul’s new base salary was $205,000. However, his new compensation package provided that he could also earn a discretionary bonus of up to 150 percent of his base salary. In 2006 Paul filed an Order to Show Cause for modification of support, asserting that there was a material change of circumstances, warranting the court to modify the support orders.

Paul made several arguments in support of his request for modification of the support orders. He explained to the court that he was not capable of paying $10,910 monthly support as ordered, since his take home pay was often less than the amount he was ordered to pay. Paul declared that in the first two months of 2006, he paid Dawn more than the amount of his take home pay and borrowed all of his living expenses. In March, 2006 Paul received the remaining $85,000 of his 2005 bonus, most of which he used to reduce prior borrowings. He estimated that the remaining amount of his bonus would permit him to go two months longer before he would have to start borrowing again. Paul expected he would have to borrow 100 percent of his living expenses for the remaining six months of the year.

Paul also argued that the court should impute income to Dawn based on her earning capacity, since she had been given a Gavron warning (an advisement that she should make efforts to become self supporting), she was an attorney with impressive credentials, and based on her education and work history. Paul asserted that Dawn could earn at least $78,000 a year, and the court should impute those wages to her, in spite of the fact she was not working.

In opposition, Dawn argued that she could not afford a decrease in child or spousal support, since her monthly living expenses amounted to $10,000, and she was already living below the marital standard of living. Dawn also argued that the court should not impute wages to her, since she quit the practice of law several years ago, based on an agreement that she and Paul had entered into at the beginning of their marriage. Paul and Dawn had agreed that Dawn would stay home to take care of the kids, while Paul would go to work, and advance his career.

Finally, Dawn argued that the support orders should not be modified, since there was no showing that Paul’s income had actually decreased to the point where a modification was warranted. Dawn pointed out that Paul’s end of the year income for 2005 amounted to $448,392 (which included his base salary and bonus). Although his 2005 income was less than it had been in several years, it was greater than his base income of $447,150, as reflected in the 2002 judgment. Therefore, Dawn argued, there was no change of circumstances and Paul still had the ability to pay the court ordered support. The trial court denied Paul’s request for modification after determining that there was no change of circumstances warranting a reduction of support. In addition, the court refused to impute income to Dawn, reasoning that there was no showing that a job was available to her, and it was not in the best interest of the children for Dawn to work.

The Court of Appeal Weighs in

In a harshly worded decision, the Court of Appeal reversed and remanded the matter back to the trial court, ordering the court to recalculate child and spousal support, using Paul’s base salary, exclusive of his bonus income.

As the Court explained, “It exceeded the bounds of reason to require Paul to pay nearly 100 percent of his take home pay in support payments, on the assumption, based on only a one-year history with the home builder, that he would continue to receive a six-figure bonus each subsequent year. It placed him in a position of having to borrow for his living expenses, and thus resulted in a miscarriage of justice.” The court further reasoned that, “It would be an abuse of discretion for the court to leave Paul nearly penniless while he awaits the potential of a bonus each year, especially in light of the current plight of homebuilders.”

The Court of Appeal also held that the new order must include a different method for paying support based on Paul’s bonus income, citing In Re Marriage of Ostler and Smith (1990) 223 Cal.App.3rd 33, as follow: “No future bonus is guaranteed. It would therefore not be appropriate to base a support order on Husband’s bonus income and then require him to file motions to modify at such times as the bonus is reduced.” Instead, the Court suggested Paul pay Dawn a percentage of his bonus income, when he actually received it.

The Court of Appeal also directed the trial court to reconsider its ruling with respect to imputing income to Dawn, based on her earning capacity. While discussing Dawn’s earning capacity, the Court restated the law that a court may not impute earning capacity to a parent unless doing so is in the best interest of the children, citing In Re Marriage of Cheriton (2001) 92 Cal.App.4th 269. The Court then held that the same principal applies to when a Court calculates spousal support, citing Family Code, Section 4320.

But the Court of Appeal held that the trial court failed to consider all of the evidence before it in evaluating the best interest of the children. The Court recalled Paul’s testimony that if Dawn contributed to the support of the children, he would not need to spend as much time at work trying to maximize his bonus and would be able to spend more time with the children himself.

Conclusion

It is important to note that where bonus income is at issue, the trial court has the discretion, to include bonus income to the paying parent’s gross monthly income. However, based on the Marriage of Mosley, we know that the trial court should not include bonus income in calculating the monthly payment, if there is not a sufficient track record to predict receipt of the bonus income for future years, and when the support payment will leave the party penniless.

How To Select An Employment Attorney Adhere To These Pointers

In the event of work-related disputes, you can seek the guidance of employment attorney because this matter can be quite intricate. As such, there are just several lawyers that are experts in this type of situation. To be sure that the lawyer that you are selecting will represent you competently, you must weigh your options cautiously in selecting a New York employment lawyer.

Experience and knowledge in dealing with employment related cases is the first factor that a plaintiff must think about when looking for employment attorneys. Apart from the years he had spent in the service, another factor to consider is if he handled the same case before. This will make certain that you are in the hands of an expert.

There will always be updates regarding the state and federal laws. Because of these changes, people choose employing employment attorneys NYC who are always updated with the alterations in employment laws. Chances that an employment-related litigation will flop are higher if your lawyer is offering advices based on outdated laws.

The attitude of the employment attorney is another thing that people need to assess. Lawyers often give free consultation during the initial meeting. This is an opportunity to evaluate if the lawyer genuinely cares about their customer, and believes in their cause. In situations when the New York employment attorney is showing low interests to their client’s case, there is a great possibility that the trial proceedings will be uninteresting. You can’t think of winning your case if the lawyer you hired is unsupportive and indifferent.

A personal meeting with employment lawyers is also the time to ask questions regarding the case. Well, it’s best to hear the legal explanations from a legal expert for you to understand it better. Considerably, these New York employment attorneys will make certain to offer you the written legal advice regarding your case. This written legal advice pinpoints the strengths and weaknesses of your case. This will help employees see the bigger picture of their case, and to stay prepared if they will be summoned for disciplinary meeting or tribunals.

For complex cases, it takes considerable time and resources before things are settled. Your employment lawyer must be transparent in giving a breakdown of his or her service fee. You can decide to choose to pay your lawyer hourly or base on contingency arrangement. And if there’s still a long way before your case can be settled, it’s far better to combine hourly and contingency payment. This way, it is feasible for a clientele to pay the fees of their employment lawyer NYC without depleting your financial resources.

As such, when you employ employment lawyers, ensure that the firm has a Lexcel or ISO 9001 accreditation. This type of accreditation signifies that the firm is providing the highest standard of case management.

Reasons A Social Security Attorney Is Worth Hiring

If you paid Social Security taxes throughout your life, you can be eligible to receive Social Security benefits for you and certain members of your family. In order to receive these benefits, you need to complete the application process. Of the thousands of people who apply every year, many of them get denied and end up needing to appeal the case. With statistics stacked against you, the application process can be a daunting one. There are Boise Social Security attorneys available to help you. Not only can this be a helpful way to go, but in many instances, it’s vital to getting your benefits. Here are 5 reasons that a lawyer would be worth hiring to help you:

1. Get Approved

When it comes to applying for Social Security, as much as half of all claims are denied the first time through the system. Most of these are denied due to technical reasons before the application is even reviewed. Your lawyer will make sure that there is no issues with your application that could prevent you from getting the benefits that you deserve. He or she will uncover evidence that could be provided to ensure that you receive your benefits in a timely fashion.

2. Offer Advice

As you’re applying for Social Security, you’ll have lots of forms to fill out and a process that you need to follow. There are lots of complicated laws that need to be followed, and the laws are always changing and evolving. Your lawyer will explain the laws and how they apply to your case, so you can make decisions that will impact your case for the better.

3. Expedite Process

Your Social Security benefits are important to you and your financial situation. You want to get the money that you deserve as quickly as possible. Your lawyer has the knowledge needed to make sure that there are no hang-ups in the process. He or she will expedite the process, so you can get the decision as quickly as possible and start enjoying the benefits associated with Social Security.

4. Provide Connections

Along the way, you may need to work with agency employees or others. When you’re working with an experienced lawyer, he or she should have made connections with people that can help your case. If you need to appeal your case, you’ll need to go before an Administrative Law judge. If your lawyer has a good rapport with these judges, he or she will know how to prepare for court and give you a better idea of what you can expect from the appeal.

5. Receive Peace of Mind

When your Social Security benefits are on the line, you want to know that you did all that you could to make sure that everything works out for you in the end. Hiring a lawyer to help you ensures that you’ll have the professional help that you need to get through the legal process and increase your chances of getting your Social Security benefits. It’s worth it to hire someone to help you to gain that peace of mind.

When hiring a Boise Social Security attorney, you should be aware that most of them will charge you based on a contingency fee. That means that you won’t owe any money to your lawyer until you’ve received your benefits, so you can be assured that he or she will work hard to make sure you receive the benefits that you deserve. Find someone that you will enjoy working with throughout the process and will elicit your confidence that everything will work out for your good.

Handling Fire Accident Lawsuit

In cases of fire accidents which can result to disfigurement and excruciating injuries to victims, it is important that a settlement or litigation should ensue right away in order to recover compensation from the other party.

Either it is an out-of-court settlement or litigation, families and victims are advised to seek assistance from personal injury litigators who can assess the amount of compensation to be demanded.

Also, these lawyers are capable of handling negotiations and presenting evidence which will prove their clients claims and accounts of the fire accident.

It is important for the plaintiff to establish that the defendant has a duty to provide reasonable care and that duty was breached because of negligence which resulted to the accident that produced damages on his end.

Common Sources of Fire Accidents

Fire accidents can happen to anyone, anywhere. They can occur while at a friends house or a company party on a yacht. There are lots of factors which can lead to these accidents and so we should all be wary of the following conditions:

Faulty electrical wirings Defects in the installation of wirings can lead to an explosion and fire accidents. These accidents can be prevented by having electrical technicians regularly checking the wires and power lines.

Defective machineries and equipments Manufacturers have liability over their products that malfunction and cause injuries and damages to consumers. So, it is important for consumers to check whether there are incident reports indicating malfunction before they purchase a product.

Hazardous property condition Each property is its owners responsibility and so its condition must never be taken for granted. Property owners must be able to predict and prevent accidents that might occur in their property especially if it is frequented by other people.

For victims of these accidents, it is important to file lawsuits as soon as possible so that the process for the recovery of compensation will also start immediately.

Disfigurement in Fire Accidents

One of the common damages that fire accidents leave their victims are scarring and disfigurement. Some of these injuries can still be corrected with painful surgery but on worse cases of burn injuries, the burnt area cannot be surgically corrected and so victims have to suffer life-long disfigurement and scarring.

Because of this, they can claim compensation for the pain and suffering that they will go through because of their condition. Also, there are instances when injuries from these accidents would leave victims with limbs that have been amputated to save their lives.

These conditions will compromise their way of living and means to earn income for their needs.

Personal Injury Lawyers

These experts represent the best interest of their clients and sees to it that compensatory damages get paid. So, in order to have successful claims, victims are encouraged to locate personal injury lawyers in their area.

Protect Your Legal Rights With A Colorado Personal Injury Lawyer

If you are injured not as the result of a deliberate criminal act in which case the perpetrator will (hopefully) be dealt with by the criminal justice system but as a result of someone else’s negligence, you need a Colorado personal injury lawyer. Whether it’s an auto accident, an injury caused by a defective consumer product or even a dog bite, a Colorado personal injury lawyer will help you to get the compensation you deserve.

The Denver Personal Injury Attorney’s Specialty

A Denver personal injury lawyer is one who specializes in the field of torts, which covers non-criminal, or civil disputes including personal injury and property loss. (If you’ve seen Judge Judy or similar TV programs, you understand that torts cover a lot of ground.) The origin of the word is from Norman French tortere, meaning to twist – but the concept predates the Normans by several centuries. Personal injury cases were common in Anglo-Saxon England since at least the 5th Century, and likely earlier. In the ancient Middle East, both Mosaic Law and the Code of Hammurabi deal with many of the same issues that today’s Denver personal injury attorney typically handles.

It’s Still Heard In Court Maybe

There are some similarities between criminal cases and those handled by a Colorado personal injury lawyer. Both may be heard by a judge and jury, or by a judge alone. There are also attempts in both situations to resolve cases without having to resort to the expense of a full trial. In criminal law, this is called a plea bargain; in torts, it’s called an out-of-court settlement, and is considered by most Denver personal injury lawyers to be the ideal situation. A good Denver personal injury lawyer can usually get an out-of-court settlement 95% of the time.

Denver Personal Injury Attorneys Provide Justice For All

If you are the victim of someone else’s negligence and have hesitated to contact a Colorado personal injury lawyer because of the potential cost, don’t. Today, most Denver personal injury attorneys will take cases on what is known as a contingency basis. This means that their fee comes out of whatever the court awards typically 30%. This also means that such Denver personal injury lawyers are extremely motivated to win your case and to seek maximum compensation. You will incur no out-of-pocket costs by hiring a Colorado personal injury lawyer, so protect your rights and contact one today.

Global Visas Complaints Immigration Fraud Is Escalating Day By Day

Immigration Fraud is escalating day by day. Millions of people are becoming the victim of this illegal activity. Governments of many countries are constrained to stop this. Now it is very clear that we have to do something to remove this black spot from our world. Just come a step forward and do complaints of illegal immigration and the fake consultant. This is not enough to stop this you also have to save yourself from fraud consultant.

Follow these steps to secure yourself from the fraud.

(1) This is the foremost point that you have to keep in your mind. Don’t blindly assume the person you hired, even if they speak your language, is truly on your side. He may have been born in your country, yet he might not really care if you become a permanent resident. Sadly, many people who commit fraud will count on the immigrant’s feelings of friendship.

(2) Do not hire anyone who promises you will win your case or gain any specific outcome. Be suspicious if anyone uses a phrase like “100% guarantee.” Even the best, most ethical immigration lawyers do not win every single case. Too many variables, outside the attorney’s control, can change the final result.

(3) Never pay money to anyone who says they have friends inside immigration office that will help you. You could be getting set up as part of an immigration scam – and you could end serving time in a U.S. federal prison. Anyway, the U.S. immigration system has several checks to prevent an “insider” from manipulating outcomes.

(4) Refuse to lie or make up facts on any documents you submit to the U.S. government. An ethical lawyer will advise you about what you are not required to disclose. But he or she will also warn you not to lie about your home country, entry dates, marriage, arrests, or anything else.

(5) When you hire someone to prepare immigration papers, ask, “Will you sign the papers as my preparer?” If the answer is no, you are probably not working with a licensed lawyer. You need to stop the process and hire an attorney or else make sure an attorney reviews your papers before you submit them. A simple mistake, a single oversight, could end your opportunity to become a legal resident – sometimes forever.

Put your feet on these steps when you plan for the immigration. Come with Global Visas Complaints Team to remove this fraud from our world.

Tips for finding experienced DC immigration lawyer

Are you migrating to different country? Well if yes is the answer then you will have to get along with qualified DC immigration lawyer. Solicitors fully understand all sorts of things in connection with immigration procedure and that is the reason they’re able to tell you what is going to be conducted to acquire successful immigration plea. People migrating to overseas region for the very first time usually are nave and if you happen to one too so first of all find out which kind of papers necessary for the plea.

Immigration it self can be described as really complicated process, you are likely to another nation and due to this you’ll want correct papers such as Visa and passport however after that there is certainly great deal off document job involved and you will not really easily afford to overlook a simple document because that could cost the journey. Keeping your immigration plea ready t is basic step and due to this fact the DC immigration lawyer will help anyone in each and every stage. The lawyer will certainly explain to you how you can put together the application form and which are the elements that you’ll have to remember just before showing up for your interview.

Taking a look at previously mentioned factors you’ll want skilled DC immigration lawyer to your assistance however exactly how can you locate an individual of this profession? You cannot simply seek advice from any kind of regular lawyer or perhaps a criminal attorney. Immigration is completely a different sort of ball game also it requires you to obey migration protocols of the nation you intend to move. Only a specialist immigration lawyer may let you know about all of them therefore search for one within nearby legal professional’s agencies.

Relatives close friends or even neighbors who’ve visited to overseas nation are people you can ask. Those who previously have used assistance of immigration attorneys can provide you recommendations in regards to the functioning and also the proficiency of the attorney and it is therefore a good idea to think about suggestions. You may also want to browse internet to see several of the immigration lawyers, these days most of them realize that in order to master industry web can be of excellent aid and for that reason they will have their web site or special web page or even blogs

With the aid of appropriate key phrases and search engines you will get listing of the entire DC immigration lawyer working in your state as with that you can get correct procedure of immigration needed to be followed.

Maud Poudat is a highly respected and renowned french immigration attorney in the DC area.
Get in touch with the best DC immigration lawyer and Virginia immigration lawyer today!

Legal Issues of Electronic Messaging

Electronic mediums lend themselves to informality. When people forget that electronic messages are actual records of communication that can be used in court, this can lead to serious legal trouble. Whether it’s an email or a Facebook comment, electronic messages can be used in legal disputes in the same way that paper records have been used in court for decades. >

Electronic Messaging at the Office
It’s never a good idea to mix personal uses with company email systems or electronic message boards. Tracking whether an employee is using email for personal use instead of working is harder than, say, tracking whether he’s using the company phone for personal use. But using company electronic messaging systems for informal purposes can make employees careless. Gossiping via email can lead to libel and harassment issues that can escalate to serious legal disputes.

Employer Liability
It’s important for employers to put in place a solid electronic messaging policy. Outlining the proper uses of company electronic messaging systems and drawing a clear line between work and personal uses will save companies a lot of trouble in the future. It’s important for both employees and employers to remember that just because you erase a sent email, it does not mean that that email cannot be retrieved. Any legal liability that can result from a written paper document can also result from an electronic message. Furthermore, third parties can seek legal action against an employer as a result of the electronic messaging activity of the company’s employees. These activities may include libeling a rival company or violating spam laws. Electronic messages can also be used as evidence in sexual harassment suits and cases involving workplace slander and discrimination.

Copyright Law
In terms of copyright issues that can arise from improper use of electronic messages, it’s key to remember that just because you have a published document saved on your computer as a PDF file, it doesn’t mean that you own it. If you so much as forward a copy written document to a friend or co-worker, it can be a violation of copyright law. It’s important to get legal discovery help to find out whether you need special permission from the publisher before you copy or share any piece of intellectual property.

Motorcycle Accidents And The Appropriate Legal Actions

Motorcycles are considered to have higher fatality rates than cars and other forms of vehicles. This is because the motorcycle does not provide any protection for the driver and the passengers.

The lack of protection makes the passengers more vulnerable to the different types of motorcycle incidents. These types include U-turn and left turn collisions plus road obstructions and driving under the influence of either alcohol or drugs.

These kinds of accidents are common in several areas with busy pedestrian activities and large volumes of traffic, such as the Bay Area. Although there have been several efforts to make the roads safe, like additional watchers, signs, and warning devices, there is still an increasing number of fatalities when it comes to motorcycles.

There are several types of injuries that may occur in the advent of a motorcycle accident. One of which includes concussions and brain damages due to violent traumas to the brain particularly to drivers who do not wear helmets or any protective head gears. This is evident in the busy streets of Bay Area. In case any of these incidents happen, it is best to contact a Bay Area personal injury lawyer. Aside from local policemen, competent injury lawyers can help victims claim the appropriate amount of damages from the people responsible for the accidents.

Head-on collisions with either road signs or lampposts plus other vehicles cause joint breakages like elbows, shoulders, knees, hips, and arms. Some accidents can cause so much damage to these parts of the body which in turn causes irreparable damages. During these situations, it is best to contact a Bay Area personal injury lawyer to help victims get the right compensation for the injuries they have sustained.

There are several benefits to hiring a personal injury lawyer Bay area. The metropolitan is one of the places that are prone to vehicular accidents and pedestrian injuries. Without an able legal counsel, dealing with all the legalities of filing charges for remuneration can be very difficult. It can also yield unfavorable results for the victims because they may not have the essential knowledge to compute the appropriate remuneration that is due to them. The expertise and experience of lawyers can also be a great tool to get a more favorable result.

Employment Attorneys Nyc Can Protect Your Employment Rights

Good working relationship must be practiced by both employer as well as worker in every company or organization. This relationship must be mutually beneficial. Meaning, for both parties must be benefited. The employer will generate more profits through their employees’ services, of which should be provided just salary in return. The system must work like this, however this isn’t happening in all workplaces.

Companies could steer clear of disputes with workers if they adhere to the work laws. Taking into consideration how complicated employment laws are; some individuals will definitely break some of it. If an employment law is breached, then somebody’s right is violated. If one is caught in this situation, it is important to employ an expert and well-experienced nyc employment lawyer.

Work-related concerns generally happen due to number of reasons. This is because of the fact that personnel are not all alike. They have different thoughts and religious beliefs and also personality and qualities. One other reason why issues at work take place is that an employer vocally or sexually exploits his staff, or was not able to provide him the agreed payment. Seasoned new york employment attorneys can handle the case no matter how complicated it is, particularly if the rights of their customer is clearly violated.

What Roles does an Employment Lawyer NYC Play?

Lawsuit is impossible to avoid if the dispute involves inappropriate termination and unjust compensation. Accident of personnel because of unsafe work practices and sexual harassment must go through legal procedure as well. There are also lots of workers who have filed complaints to the court as their retirement plans and benefits are not given to them. Engaging in a legal fight needs a tremendous amount of time, money, and patience. This is why nyc employment attorneys work as employees’ counselors and representatives.

The experts in this field will make their clients aware of what their employment rights are. After doing a thorough analysis of the case, they will then advise the client on the greatest thing to do. The lawyer will attempt to mediate between the employer and staff if the dispute is still negotiable. Nonetheless, they’re always prepared to represent their client at court if litigation is the only way to settle the issues.

Employees will have high chances of winning their case through the help of employment attorneys. In order to boost their client’s case, they will assess every work related documents and legal contracts. The approach called “preventive lawyering- is practiced by employment attorneys who work for business employers. This approach is done to make certain that state and federal employment laws are observed by the policies of the company.

Filing a case is not always the ideal thing to do to solve work-related issues based on employment lawyers. In fact, these experts are trying their very best to prevent filing of lawsuit because it is a laborious procedure. A worker chould think thoroughly if filing a case is the best thing to do if they do, their life, reputation, and career will be at stake.

Excellent oral and written communication skill is a characteristic that every nyc employment lawyer must possess. He should also be well-versed about everything written on the labor law. Last but not the least, he must have great analytical skills and is very sensitive as well. Just with these characteristics will he win the case.