Showing posts with label Family Law Attorney. Show all posts
Showing posts with label Family Law Attorney. Show all posts

Sunday, 18 October 2015

Any Relationship Can Use a Tune-Up

Do you ever feel like you are never listened to? Or perhaps no one responds to you when you are talking. This can be extremely frustrating and lead to fights and an extremely unsatisfying relationship. How can you improve your connections with your significant other that will pay off in dividend? Here are some communication “tune-up” tips that work:

First, in order to communicate effectively, you have to have the other person’s attention. The best way to do that is to look your partner in the eye. When you have connected eye contact, you are better able to read body language, such as nodding or facial expressions to confirm you are both present.

Second, another key aspect of this process is active empathetic listening. This process shows that you understand what is going on inside of the mind of the speaker as if you were that person. It is not enough to just say that you heard your spouse’s words; you need to show that you know how the other person feels.

How do you show that? By reflecting back what was said to you both verbally and nonverbally. For example, a wife comes through the door after work and says that the bus was late; she doesn’t have enough time to cook dinner and go workout; and by the way, the checking account is over drawn. Doing active listening, the husband, instead of reacting to the checking account balance or the no dinner, gently says, “It sounds like a lot of things went wrong today. I would be very frustrated too”. This clearly demonstrates that the wife’s complaints were actually heard. Once this type of response has been made, a channel is there to discuss her feelings and find a resolution to the evening plans without bickering and fighting.

The third tip is to leave blaming and judgments out of your conversations. The best way to do this is to use “I” statements instead of “You” statements. For example, in the above illustration, the husband could have said to the wife, “You always run late, dinner is never ready on time and furthermore, you are financially incompetent!” Instead he said, “I would feel frustrated too”. Thus, the wife would not feel blamed, and be less likely to react defensively. Furthermore, using this language technique allows partners to feel empathy for each and look for solutions in lieu of retribution.

The fourth recommendation is to directly ask for how you want the other person to respond. For example, if you have had a frustrating day like the woman in the above story, tell your partner that you want to vent and you just want him to LISTEN. By doing this, you are taking care of your feelings and needs and allowing the other person to be supportive by just letting you blow off steam.

Therefore, as a suggestion, if your goal is to get your husband to listen, simply say, “I only want you to listen, I do not want you to fix anything, I just want you to hear what I have to say.”

The fifth piece of advice is to appreciate the differences in the way you communicate. Your partner may prefer to write about her feelings instead of vocalizing them. In contrast, the other partner may chose to go for a run or walk after an argument to clear his head and then reconvene to work on solutions. These differences should be cherished because when you appreciate the unique communication style of the other person; you will get along better and be able to nurture a healthy relationship.

Here at Peace Talks, we are all about communication… Educating parties about the skills they can use to reconnect or to make their transition to a new type of family entity a smooth one. By educating excellent relationship skills, we help partners and families stay connected for life!

Peace Talks is a collaborative divorce mediation firm that helps spouses file for a divorce in a sane and sensible manner. Peace Talks provides divorce mediation services in Los Angeles and throughout California. We have family law attorneys, family therapists and financial consultants who can help you file for a divorce in a way that is less expensive than the courts in Los Angeles and California. Visit www.peace-talks.com to learn more about how you can have a peaceful and amicable divorce in Los Angeles.

Sunday, 13 September 2015

Child Support - How Is It Calculated and How Will I Get It?

The issue of child support is always a part of any divorce case or mediation. The amount of child support you will pay is explained and determined according to the California Family Law Code. In order to ensure that California law conforms to the federal regulations for guideline child support, a complicated formula has been devised which looks mainly at two factors: each parent’s income and the time spent by each parent with the child/children. There are other additional factors which may impact the child support payment such as child care expenses, home mortgage payments, tax filing status and other costs specific to your family situation.

These numbers are inserted into a computer program called a Disso Master to calculate your child support payment. The determined amount is the minimum level of child support for each of your children that a judge will require you to pay. This computer calculation provides uniformity to child support across California.

It is important to know that during mediation at Peace Talks, a DissoMaster figure may be discussed; however, mediation results in a negotiated agreement between both parties. Thus, you and your partner may arrive at a child support figure that perhaps differs from the DissoMaster calculation, but can be acceptable to you based on facts specific to your family’s needs.

The principles behind the child support statutes are based on the belief that parents’ first and principal obligation is to support their children according to the parents’ situation and economic position in life. In translation, this means that children of a television celebrity may receive thousands of dollars of child support a month in consideration of their life style, which may include private schools and specialized lessons. In contrast, the children of two schoolteachers who attend public school could conceivably be awarded much less money in support.

Additionally, it is important to know that both parents are mutually responsible for the support their children. Furthermore, you should keep in mind that child support continues until your child is 18 years old or if your child is a full-time high school student and not self -supporting, your child support is extended until the child is 19 years old or completes 12th grade.

Additionally, the basic child support guideline amount may be increased by “add-ons”. These are specific expenses that parents may be ordered to contribute for the benefit of their children. Family Code Section 4062 lists two types of child support add-ons: mandatory and discretionary. The mandatory add-ons which the judge is required to order include child care costs related to the employment or to the reasonable necessary education of training for employment skills; and for the reasonable uninsured health care costs for the children. Discretionary add-ons include costs related to the educational or other special needs of the children and potential travel expenses for visitation. Both parents share these additional expenses equally unless this is not reasonable and then they are apportioned based on each person’s net spendable income.

There is a formula that the court uses to determine the parents’ respective net spendable income for the purposes of determining child support add-ons. Family Code Section §4061(b) provides that first the guideline child support amount is calculated. Then the amount of the guideline child support is deducted from the income of the paying parent, but not added to the income of the receiving parent. Finally, if one parent is paying spousal support, the amount of the spousal support is deducted from the income of the paying parent and added to the income of the receiving parent.

All of the above child support criteria are rules that are applied to a case that is in litigation. During a Peace Talks’ mediation all facets of support for your children are discussed and taking care of them both financially and emotionally are our key concerns. We will work with you to find a child support figure that fits for your family.

Peace Talks is a collaborative divorce mediation firm that helps spouses file for a divorce in a sane and sensible manner. Peace Talks provides divorce mediation services in Los Angeles and throughout California. We have family law attorneys, family therapists and financial consultants who can help you file for a divorce in a way that is less expensive than the courts in Los Angeles and California. Visit www.peace-talks.com to learn more about how you can have a peaceful and amicable divorce in Los Angeles.

Tuesday, 18 August 2015

California Cooling OFF Period

While California may be a “hot” state, we experience “cooling off” periods too. In a family law context, this “cooling off” specifically applies to the amount of time that must pass before a divorce is final. The theory behind this “cooling off” period is to prevent couples from rushing to divorce. In California, the law requires a six (6) month period before a divorce may be finalized. This means from the time that your Petition for Divorce is served until the time the clerk stamps you’re Judgment of Divorce, six months must have occurred. However, in reality in California the process actually takes much longer.

This extended time period could occur due to a number of factors. The first factor is the number of issues that the court is requested to resolve. The more issues there are, the longer the process. For example, if you have a short-term marriage (under ten years), no children and little property, your matter could possibly be resolved within the cooling off period (of course that’s assuming no contested matters). In contrast, if you have two children, one spouse self employed with a business to evaluate, the other spouse a stay at home party, a residence with rental property and a demand for extensive spousal support with contested custody, the case could take months, if not years.

The second factor that may complicate things is the personality of the parties. For example, if you or your spouse refuses to accept the inevitability of the divorce and is determined to do anything and everything to delay the divorce process, this can extend the proceedings well beyond six months.

Another factor to consider is the personality of your attorneys. If one of you retains an attorney who is focused on a global settlement and encourages dialogue, while the other attorney hired prefers to litigate about every single potential issue, the opportunity for a quick resolution may evaporate. Attorneys with different styles could create a contentious atmosphere which breeds motions and retaliation. Even if one of the parties does not want to engage in fighting, he or she must respond to the incoming missiles. This can be exacerbated if you or your partner has a large checkbook and can finance exorbitant legal fees.

The next factor is really out of your hands. This has to deal with the court’s calendar; since the judicial budget has been slashed by the legislature, the number of courtrooms and judicial officers has been dramatically reduced. Under these circumstances, matters can be continued several times due to the court’s limited courtroom availability. The reduction of court staff has also increased the turnaround time of filed documents of Request and Declaration for Final Judgment of Dissolution of Marriage.

Another critical factor in elevating the amount of time divorces can take is the honesty of you and your spouse. The first step in the divorce process is the filing of Preliminary Declarations of Disclosure. Both of you are legally required to disclose your assets and debts –all of them. If either one of you fails to be transparent in your disclosures or provides incomplete information, this will cause undue delay as well as legal fees if motions and court intervention is needed to determine the total picture of your assets.

As you can see, a six-month cooling off period exists, but in reality, it is rare that a couple is able to complete their divorce process within six months. However another alternative is available to you if you want to resolve your divorce in a sane, sensible and fair way at a reasonable cost – try Mediation. Call us and see what mediation is all about.

Peace Talks is a Family Law Attorney and lawyers are always giving your answer with satisfaction and trust. Ask questions of California Cooling OFF Period for mediator and Divorce mediation.