Twitter Facebook Myspace

How Much Child Support Am I Entitled To?

This month we will begin the first of a two-part discussion about support in California. In this issue we’ll focus on child support which can be collected retroactively and is not optional.

While the formula for calculating child support might appear daunting for a non-math person, CS = K[HN – (H%)(TN)], the data inputs are relatively simple: custody time as a percentage for the parents and their net disposable income.

As a first step, you must determine the amount of time you spend in charge of your child per week. The Court is interested in hours spent, not days. In other words, which parent will be called to assist with the child in the event of illness or problem at school? On a normal day, it is the parent scheduled to receive the child after school. If you are not the scheduled parent, then the time belongs to the other parent. The calculation commences at pick-up, and ends at drop-off, either at school or to the other parent. It also includes holidays and vacations.

There are rules of thumb. For instance, someone who sees their children every other weekend, half of all holidays, and two weeks during the summer has about 19% custody. One way to figure out your custody percentage is to add up all the hours you have the child in a week and divide it by 168. Average the weeks each month. Then average the months at the end of the year.

Once you know the custody percentage and the net disposable income for the parties, you can use an online calculator to find out what California Guideline Support should be. We have a link on our website here: http://www.thelawcollaborative.com/custody-support.htm. If you find that the time factor has changed and the support number needs adjustment, call your attorney immediately.

Next month we’ll tackle spousal support or what is commonly called alimony.

We are excited to host our Second Saturday Divorce Workshop this Saturday, July 8 at our Woodland Hills Office. This workshop will be beneficial to anyone contemplating divorce or in the middle of a divorce. The workshop is free but reservations are required. Please call our office at (818)348-6700 for more information. We are here to serve you.

Best wishes,
Ty Supancic, Esq.
The Law Collaborative, APC
www.thelawcollaborative.com
T: (818)348-6700
F: (818)348-0961

Marriage Insurance

Ty Supancic

Most people understand the reason for insurance. We spend huge chunks of income each year on life, fire, and medical insurance, and newer types of insurance such as long term care. Consider viewing a Prenuptial (or Premarital) Agreement in the same way, as a kind of insurance policy. Why?

Parties facing divorce who have such agreements in place and abide by them, have helped to insure themselves against conflict, sky-high legal bills, and dissipation of valuable assets.

Who might need a Prenuptial Agreement (PNA)? Interestingly, it is not just people with large incomes or those who own several properties. If either of the parties about to be married have been married before, or if either of the parties have children by other relationships, a PNA is a necessity. If one of the parties owns a home, business, or a financial portfolio – in other words, if that person’s monetary resources considerably outweigh those of the other, a PNA is essential.

Once a couple has decided that they would like to make their relationship permanent, a discussion of finances becomes crucial. This is often difficult. Money is usually a sensitive issue in relationships and many times partners have divergent views.

Clear understanding and agreement should be reached on the management and disposition of all real estate, income streams, deferred benefits, and all other assets whether separate or community.

There are several key points to keep in mind. First of all, the agreement must be deliberately conceived and completely voluntary. Full disclosure of all assets and debits is required. It must be drawn up to give each party adequate time to carefully review. It is important that the agreement be just and fair-minded in order to insure that it will not be overturned in a legal challenge. To be safe, it is a good idea to video record the execution ceremony as evidence that it was signed voluntarily by competent parties.

At The Law Collaborative we help mediate, negotiate, and review Prenuptial Agreements and Post-Nuptial Agreements. Call us for more information or visit the relationship planning section of our website.

And don’t forget! Our Second Saturday Family Law & Divorce Workshop is coming up on Saturday, May 13 from 10AM to 12PM. To RSVP, call (818)348-6700.

Best wishes,

Ty Supancic, Esq.

The Law Collaborative, APC

5955 De Soto Avenue, Suite 125

Woodland Hills, CA 91367

T: (818)348-6700

F: (818)348-0961

info@thelawcollaborative.com

www.thelawcollaborative.com

“Like” us on Facebook.com/thelawcollaborative

Follow us on Twitter.com/TLC_Law

The Kardashian Quandary

Kardashian

Kim JUST married Kanye but divorce rumors are already in the air. How long will it last? In case you’d already forgotten, her last marriage to Kris Humphries lasted just 72 days.

While we’ll never know if Kim and Kris truly believed their marriage would last till death parted them, here’s what we do know: They were engaged within seven months of their first date. Their engagement lasted about three months. The wedding spectacle cost other people $20,000,000 (donations and sponsors) and the couple were paid $17,900,000 for their participation in the gala.

Their divorce took nearly 18 months (more than seven times longer than they were married) and they probably spent over $400,000 on lawyers. The waste of court time and the cost to California taxpayers who were denied justice while Kim and Kris posed for the press cannot be overstated. Remember, judges and clerks don’t work for free and California has recently faced some of the worst judicial budget cuts in decades.

The reality is, the end of Kim and Kris’s dalliance didn’t have to cost taxpayers a penny: The couple executed a prenuptial agreement and the couple could’ve afforded wise counsel. In the landmark case involving the ownership of the Dodgers Franchise, the McCourts had a prenuptial agreement and it wasn’t quite that simple for them either.

People simply don’t know that other methods, such as mediation or Collaborative Law (think of mediation on steroids), exist. And attorneys entrenched in the model of costly (and profitable) litigation have billion$ of reasons to fight in public. The right attorneys can keep a litigated case going as long as it takes to drain the estate of every asset. Why give that up?

The Law Collaborative has a better way which provides for a lower-cost, less destructive divorce. Mediation and Collaborative Law put control in the hands of the parties, and limits the attorneys (if any) to an advisory role. Parties control the fees, not lawyers trying to pay their rent.

Watch Happy and Healthy Magazine for future articles about Mediation and Collaborative Law.

Thanks for reading,
Ty Supancic, Esquire
The Law Collaborative, APC
e: info@thelawcollaborative.com
t: 818-348-6700
f: 818-348-0961

Are Your Legal Affairs in Order for the New Year?

15-01-14 Newsletter_Header_Legal-Check-list

A friend recently and unexpectedly died.  His wife had asked him many times if he had written down his last wishes.  He assured her that he had, but they never discussed where he kept this document.  It has been several months since his death and the document he claimed to have written has not been found.  Neither his accountant or business manager had a copy.  Drawers, books, computers, and the safety deposit box were searched without luck.  As a result, his estate was sent to Probate which has caused unnecessary delays, added legal fees, and unnecessary taxes.  That was not what he wanted.

Have you expressed your last wishes clearly?  Are these intentions written down?  Where do you keep your Health Care directives and your Estate Planning documents?  Where do you keep your Will?  Where do you keep your Passwords?  Do you have a single place in which you store all your vital information?  Does your spouse or executor know where this is? 

Now is a good time to make sure these steps have been taken; review your Estate Plan, update your information, notify your heirs of your wishes.  If you haven’t completed these tasks, call us today. 

For the remainder of this month, The Law Collaborative is offering a free, 30-minute consultation as a way of helping you move forward with handling these important affairs. Feel free to call us directly and schedule your appointment.

Your friend,

 

Ronald Melin Supancic
Certified Family 
Law Specialist
The Law Collaborative, APC
T: (888) 852-9961  F: (888) 852-9962 

How Much Will It Cost?

14-11-05 How-Much-Will-It-Cost

There are no short cuts to divorce in California, but if you’re looking for a quick and affordable divorce, The Law Collaborative can help.  Through over 40 years of experience in this field, we have found that, for all the similarity between divorce cases (the courts require the same basic pleadings in every matter), there are more differences. Human nature, and the varying needs of two different parties seeking to reorganizing their lives ensures these differences.

Trying to squeeze a round divorce into a square hole inadvertently but too-often raises issues which couples in crisis should not have to face.  We pride ourselves on providing personalized service, designed to empower our clients and their families in taking control of their destiny.

When people ask “how much will this divorce cost,” we always ask, “How much of your resources do you want to spend on it?”  This is a key question.  At The Law Collaborative, we unbundle our legal services. This is akin to ordering à la carte in a restaurant.  If you want a lawyer to handle everything, Perry Mason style?  We’re happy to do so and will quote a fee based on your individual circumstances and goals. If you need a pleading to be prepared, we will quote a fee. If you only need a document reviewed, we will quote a fee.  If you use fewer services than anticipated, we refund your unused fees.

Every day, with every case, we reaffirm of our firm values and the mission statement of The Law Collaborative: Bringing peace to the legal process by empowering individuals and families in taking control of their destiny by choosing their own outcome whenever possible.

Your friend,

Ronald Melin Supancic
Certified Family 
Law Specialist
The Law Collaborative, APC
T: (888) 852-9961  F: (888) 852-9962 

Reducing Your Legal Fees

a couple argue

REDUCING FEES- What the client needs to know

The dissolution of a marriage often comes at a time when a family is going through a financial as well as emotional crisis. Sometimes the emotional crisis can make the financial one worse by increasing the attorney’s fees incurred and costs expended. For example, if a spouse is vindictive or just plain upset, he or she can refuse to negotiate in good faith, or act in such a way as to provoke numerous court appearances or otherwise delay the proceedings. When this happens it is usually beyond our control, and we have to cope the best we can though the mechanisms provided by the court. Frankly, it can be extremely expensive and frustrating.

However, you can help to keep your fees and costs to the minimum for your case by following these simple rules:

Read the rest here…

Rob, His Family, and the Tree

Protect your assets - prepare an estate plan

Most people contemplating divorce don’t consider the sad reality that one of the parties may die while going through the process. When this does happen it results in chaos for the survivors. I’ve witnessed this several times during my practice, but one of the most poignant was early in my law career. I represented a young man with three children who rode a motorcycle to work every night. Rob worked the night shift as a machine technician at a local trade school. He was responsible for the necessary cleaning and repair of the machines that were used each day by the teachers and students. During the day, Rob happily packed lunches, took the children to school, and attended school functions.

He was married to a woman who wasn’t very interested in marriage or family. She was home at night while the kids were asleep, but spent that time entertaining various married boyfriends. During the day, she also had a very active social life. When the decision to divorce was made, she agreed that most of the property should be put in trust for the children, and that Rob would have physical custody. She also agreed to accommodate Rob’s work schedule by continuing to care for the children at night while they slept. But before we could finalize the divorce, Rob lost his life in a motorcycle accident on his way to work one night when he was cut off by a drunk driver and hit a tree.

Rob was a great father but he failed to prepare an estate plan. Despite my advice that he prepare an interim estate plan during the divorce process, he chose to wait – he believed that he had plenty of time. He had not taken his wife’s name off of his life insurance. She was the sole beneficiary. He had not taken her off his retirement and pension plan. She was still the joint tenant on the real estate, the vehicles, the bank accounts, free to use and spend everything any way she pleased.

Most of us act like we’re going to live forever, or like we can predict our death. We deny the truth. Statistics show that only half the lawyers who are married and have children also have an estate plan! That’s among a population that should be most informed and knowledgeable about the need. I do not know the statistics for the general public, but I know that most people have not made even the most basic arrangements for the allocation of their estate.

Don’t make the kind of mistake Rob made. His wife, not his children, inherited everything. Nothing was set aside to provide for the children and she probably squandered it all as she continued the self-indulgent lifestyle that ended her marriage. Act now to ensure that your assets are protected and go to the right people. We are here to assist and support you. We can help you set up a plan, or make any changes that need to be made to an existing plan. Please let us know how we can help.

Best wishes,

Ronald M. Supancic, CFLS

Guess the leading cause of divorce?

Prenup_Panner4

Check this great NY Times article here:

When you’re done reading that, click here for more information regarding Prenuptial Agreements and how they can help protect a future marriage.

 

Is Flat Fee Divorce Even Possible?

 

Flat Fee Divorce

Most lawyers will tell you that it is impossible to do a divorce on a Flat Fee Basis. That is only true based on their inherent flawed assumptions. Those lawyers are assuming that there always has to be either two people, a husband and a wife, or four people, the parties and their attorneys involved in a divorce. Granted, it is virtually impossible to predict the outcome of a proceeding in a contested, adversarial process, when those factors are controlling the outcome.

What I am proposing, and the reason I can offer a Flat Fee Divorce, is because I have altered the essential equation. I am talking about a situation in which only three people are involved: (1) a husband, (2) a wife, and (3) a Neutral Attorney/Mediator who is negotiating and drafting a document congruent with an understanding arrived at by the parties, with the help of the divorce Mediator in which all the parties are in agreement.

Here at The Law Collaborative, we offer three Flat Fee Divorces Packages – $1,495, $3,495, and $5,495. Each is clear, precise, thorough, and accurate as to what is being offered. The Packages do not include the filing fee, which is currently $435.  Our most affordable package reflects the time it takes for a Paralegal to put together fully executed Agreement by the parties in which they have a complete agreement on Custody, Visitation, Support, allocation and apportionment of Assets and Debts. This does happen. However, it is infrequent. More likely there is going to be some conversations or discussions that may lead to two or three meetings. We call that the Mid-Range Flat Fee Divorce. Our high-End Flat Fee Divorce for $5,495 assumes there is going to be some difficulty, a few meetings, but the parties are willing to work together.

Working with this new set of assumptions, an Agreement can be reached within two to three meetings. If the parties are willing to accept the ultimate Mediator recommendations, it can go even faster. The reason this process works is that the Mediator works for neither party. The Mediator is a neutral who is facilitating and supporting an outcome. If anything, the neutral is representing the minor child or children.

This alters the equation in so basic and essential a manner, that it is possible to predict with some certainty the outcome. This is only possible, however, because the attorney, who is negotiating and drafting, is controlling the outcome subject the guidance, advice, and input of the parties. But the parties must accept their responsibility and participate in good faith. It cannot work unless the parties are willing to work. That is the key. The matter and the parties must be ripe. I have seen all too often the sad result where one or the other of the parties is not ready.

Lawyers must become proficient in assessing and addressing the parties in this crucial regard. Failure to do so can and will produce sorry results. Therein lies the challenge we all face. We must all become competent, skillful, experienced, knowledgeable, and masterful in the practice of our art. The law, after all, is an art, not a science.

Randy Morrow, Certified Real Estate Divorce Specialist, P. 6

In this sixth and final segment of Ron and Robert’s interview with Virginia’s leading Real Estate Divorce Specialist, the gentlemen discuss the difference between distributive bargaining (which is what you get when you go to court) and collaborative negotiation, which is what happens in a Collaborative Divorce. We like to tell the story of the orange:

Two young siblings are fighting over an orange. Their father walks in on them, takes the orange away, cuts it in half, and hands a half to each. Sister bursts into tears. “Why are you crying?” asks the perplexed father. “You and your brother both wanted the orange, there was only one orange, so I cut it in half. You should be happy.”

“I don’t want half!” sobs Sister. “I only wanted the peel. I need it for a cake I’m baking, but I have to have the whole peel.”

“Oh. Bobby?” He asks Brother, “Will you give your sister the whole peel if she’ll let you have the whole inside?”

Brother’s eyes light up. “Gee, sure! I didn’t want the crummy peel anyway.”

And that, dear friends, is the difference between distributive bargaining and collaborative negotiation.

The gents go into more detail about distributive bargaining, and then they talk about how to divide a property that was owned prior to marriage, what happens if you file bankruptcy during divorce, and whether or not you should keep your house if you file for bankruptcy.

Podcast Powered By Podbean

Missed the first five parts of this series? Here’s Part 1Part 2Part 3Part 4, and Part 5.

Don’t miss another one! Subscribe to Ron and Robert on Divorce on iTunes and get free podcasts every week.