Time and time again, clients run into obstacles post divorce where the Ex is not complying with the court order - judgment. The Family Law court retains jurisdictions over the parties and their children to enforce its orders.
There are several methods of enforcing the orders. These include, garnishment of wages, bank accounts, fines, imprisonment for contempt of court. You may consider calling our qualified family law attorneys if you have run into one of these hurdles after divorce. It may require filing documents and going back to court to enforce the court orders.
]]>Generally, when an alimony receiving spouse is proven to be cohabitating, it shifts the burden of proof to the spouse who is receiving support to determine whether in fact they need alimony.
When your paying your Ex alimony yet you think cohabitation is an issue, contact the qualified family law firm of Richard K. Isles to discuss. There may be light at the end of the alimony tunnel.
]]>Many mothers elect to keep their married name when children are involved. For practical reasons it can be much easier to all remain with the same last name. It also helps avoid the complication of explaining a different last name.
When filing for divorce, be sure to let us know if you wish to change your name. It is much easier to do it at the time of divorce. When you elect to change names later additional work and costs are involved.
]]>It is often the case, however, that the witnesses do not want to testify before the court, for whatever reason including the desire to not get involved. Divorce matters are very private and emotional so not every friend from the marriage may want to become a part of the divorce, nor agree to testify before a court of law.
Your next question would be "can my attorney just offer their letter or statement"? Normally not, unless the opposing side has a very agreeable attorney who willingly agrees to admission of the documents (which is highly unlikely).
Documents such as these are usually hearsay in nature. Without the witness presence, the opposing side is unable to cross examine the witness. The judge cannot observe the witness either to determine their credibility.
]]>Lastly, when child support payments get behind and you are exchanging the children, it is important bot to use the children as pawns for visitation or returning them. It may be best to contact a qualified family law attorney .
If you believe the paying party is capable of paying support you may elect to have a qualified family law attorney represent you in court. While there are many deadbeat parents who elect not to pay child support, a serious effort is at hand in our governmental agencies to provide aggressive enforcement for child support.
]]>Domestic Violence charges can directly impact military members due to the Firearm Possession Prohibition.
Firearm Possession Prohibition
Federal law (18 U.S.C. § 922[g][1-9]) prohibits certain individuals from possessing firearms, ammunition, or explosives. The penalty for violating this law is ten years imprisonment and/or a $250,000 fine. Further, 18 U.S.C. 3565(b)(2) (probation) and 3583(g)(2) (supervised release)makes it mandatory for the Court to revoke supervision for possession of a firearm.
Specifically, 18 U.S.C. § 922(g)(1-9) prohibits the following from possessing, shipping/transporting, or receiving any firearm or ammunition:
(1) a person convicted of a crime punishable by imprisonment exceeding one year;
(2) a person who is a fugitive from justice;
(3) a person who is an unlawful user of or who is addicted to a controlled substance;
(4) a person who has been adjudicated as a mental defective or who has been admitted to a mental institution;
(5) an alien who is unlawfully in the United States or who has been admitted to the United States under a nonimmigrant visa;
(6) a person who has been discharged from the Armed Forces under dishonorable conditions;
(7) a person who, having been a citizen of the United States, renounces his citizenship;
(8) a person subject to a court order that was issued after a hearing in which the person participated, which order restrains the person from harassing, stalking, or threatening an intimate partner or partner's child, and which order includes a finding that the person is a credible threat to such partner or partner's child, or by its terms prohibits the use, attempted use or threatened use of such force against such partner or partner's child;
(9) a person who has been convicted of a misdemeanor crime of domestic violence.
An armed services member could face felony charges in a domestic violence matter if they possess a firearm. Contact a skilled Domestic Violence Defense lawyer at our law firm when facing these serious charges.
]]>Divorce takes its toll on emotions. When emotions are high we look to family or friends for comfort, direction and often unnecessary advice. While friends can comfort you they rarely know case law pertaining to Family Law and Divorce. This is where your skilled qualified family law attorney will be of help.
Each divorce is different and each divorce matter has a different set of circumstances. For example, your friend may suggest child support amounts based on her four children, yet you have one child. Or perhaps your friend has unlimited family financial assistance but you have none.
On the other hand your friends may recommend their prior attorney, whom you can consult. You may have different thoughts on who is best on your unique case. Remember, your qualified family law attorney is your advocate, fighting for you and your family.
Lastly, your friend may have conflicting loyalties if he or she was close to both yourself and your ex prior to the onset of divorce.
]]>The SBP is based on protecting a survivor, usually a spouses, income flow should a retiree die before the spouse. If there was no SBP, the spouse would be left without the military retirement as it would cease at the time of the retiree's death.
In the case of a former spouse, through dissolution, it is important that your Military Divorce protect a former spouse's share of military retirement. Your qualified military divorce attorney can discuss the effect of court ordered Survivor Benefit Plan, and you as the beneficiary in the event of a Military Divorce.
When facing a Military Divorce, contact the 22 year law firm of Richard K. Isles.
]]>When no custody action or decree has been entered in the Family Law court you may or may not have rights to taking the children to another state. It is best to seek the knowledge and advice of a qualified family law and Divorce law firm . It may be necessary to obtain court orders or the approval of your spouse before taking the children from the jurisdiction. This is called a move away order.
If the ex spouse is adverse to your child leaving the state, you must go to court. If the court finds it in the best interest of the child to be removed from the state then you may be granted a move away order. Generally a child custody mediator will make a recommendation or a 730 evaluation ordered.
If a parent takes the child out of state without permission when a custody action is pending or against a previously entered decree, they may be in contempt of court. Our states have established interstate custody jurisdiction to assist in resolving interstate custody matters. This is known as the Uniform Child Custody Jurisdiction Act. This Act essentially enables the Justice Department to assist in apprehending parents if they violate state felony laws in removing a child to another state.
When in question, call the qualified family law and Divorce law firm of Richard K. Isles. Our firm has 22 years in representing family law individuals in move away custody orders.
]]>Wondering if you are choosing the best lawyer to represent you in a Divorce and Family Law case is normal. From the initial phone call you may get a strong sense of the service you can come to expect in your case. The next affirmation is usually when you step into the office, meet the receptionist and from there, meeting with a qualified family law attorney.
Typically after the initial interview, you should have a clear understanding of the way your case will be presented to the court. You should feel comfortable that the attorney has a strong understanding of the law in the area, and his staff is there to assist your legal needs.
If you have a complex divorce matter, your attorney should be able to pinpoint some of the issues surrounding the matter, as well as the ability to identify strategies required to effectively represent you.
With our law firm of 22 years in the local Riverside and San Bernardino Family Law courts, you can feel confident puttingour lawyers in your court.
]]>Countless people wonder in Family Law cases if the child can decide with whom they want to live. In all cases, the parents should give serious consideration to the needs of the children.
Most parents however, are not inclined to look at what is in the best interest of the child, but instead look at the emotional and financial aspect of losing custody and child support.
When the child is capable of maturely expressing a preference of which parent it wants to reside, it can be weighed based on the maturity of the child as well as the reasons for the child's decision. Generally, a child does not wish to be forced to choose one parent over the other and testify to the same before a judge. It is usually very severe situations that need a child to explain its preference.
There is not a set age limit in which children can control where they live. The age is one of many criteria assessed and taken into consideration in custody awards.
]]>Often the reporting person remains anonymous, unless the reporter is a mandated reporter such as a medical provider or educator. These reporters are also immune from civil liability.
When facing Child Protective Abuse allegations, call the Riverside and San Bernardino Family Law offices of Richard K. Isles. Aggressive representation since 1989.
]]>In cases of general neglect, such as failure to provide a child with adequate food, clothing, medical care, shelter or supervision, social services is usually involved. When both general neglect and child abuse are involved, Child Protective Services and Social services departments cross report.
When a CPS case has been opened contact our Riverside and San Bernardino 22 year local family law firm to discuss your options.
]]>Often the reporting person remains anonymous, unless the reporter is a mandated reporter such as a medical provider or educator. These reporters are also immune from civil liability.
When facing Child Protective Abuse allegations, call the law office of Richard K. Isles.
]]>Below is a listing of Juvenile Courts in Riverside County:
1. Eastern County- Larson Justice Center
46-200 Oasis Street, Indio, CA 92201 (760)863-8000
2. Western County -
9991 County Farm Road, Riverside, CA 92503 (951)358-4678
3. Southwestern County
30755-D Auld Road, Murrieta, CA (951)304-5800
Our Riverside Family Law and CPS Defense Law firm represents clients in all Riverside and San Bernardino Juvenile Defense Courts. The attorneys at our law firm are experienced in representing parents and relatives involved in a CPS matter.Call to discuss further.
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