Griffith, a divorce lawyer in San Diego, represented the client for more than three years and represented him throughout his divorce.

The recent hearing was the result of the ex-wife filing a motion to modify child support through the San Diego County Department of Child Support Services.

She claimed that the client of Griffith & Young had an increase in his income as well as a reduction in his timeshare with the children, which mandated an increase in the child support order.

“The other party owned her own business and kept her own corporate books,” says Griffith. “When she filed her motion, we suspected that she had understated her income significantly.”

As a result of this suspicion, Griffith sent subpoenas to the ex-wife’s banks seeking personal and business bank statements.

The ex-wife’s lawyer filed an objection to the subpoenas as well as a motion to quash.

Griffith explained to the other party that the objection was improper and that she would have to pay his client’s fees should she move forward with her motion.

The other party argued that her privacy rights would be violated if the records were released and moved forward with her objection.

Griffith prevailed at the hearing by arguing that the issue of the other party’s income was before the court, and her bank records were necessary to discover her true income.

The motion to quash was denied and the court ordered that the bank records be released.

The court also noted that at the next hearing it would consider ordering attorney’s fees against the other party for having contested the subpoenas without sufficient justification.

“Whenever the issues of child support, spousal support, or attorney’s fees are brought before the family court in divorce cases, each party has a right to discover the financial information of the other party by any means necessary,” says the Carlsbad divorce attorney, Griffith. “This includes obtaining records directly from the bank.”

Griffith says any objection to this discovery process is very difficult to substantiate and the records are almost always ordered released.

In this case, the other party wanted an increase in child support but tried to prevent her ex-husband from obtaining records regarding her income that would have been relevant to the amount of child support ordered.

“She learned an important lesson in this case and will most likely pay the price when she is ordered to pay for the client’s attorney’s fees,” says Griffith.

Specializing in California divorce law, Griffith & Young is a San Diego family law firm and serves Carlsbad, Del Mar and surrounding areas.

Contact Griffith & Young at 858-345-1720 to schedule your free consultation and case evaluation.

© 2012 Master Google and Griffith & Young. Authorization to post is granted, with the stipulation that Master Google, an online company which offers a free report on SEO strategies for websites, and Griffith & Young are credited as sole source. Linking to other sites from this document is strictly prohibited, with the exception of herein imbedded links.

The forms that you will fill out and sign will be signed under the penalty of perjury. Wilful misrepresentation to include wilful omissions in these documents could subject you to severe legal penalties including monetary sanctions and in extreme cases, criminal penalties. If you have any question whatsoever with respect to whether or not you should list an asset, a debt, or an income source, then the answer to that questions is yes–list it. Of course you can always call your divorce attorney for advice on filling out these forms. The State of California has progressively become more strict on the issue of full disclosure and Family Court Judges do not tolerate non-disclosure. If I could give you one piece of advice in your family law case that is more important than any other, it would be to ensure that you have covered all of your bases in your initial financial disclosure.

You will aslo need to provide your divorce lawyer’s office with documents reflecting account balances, property values, and loan balances for items listed on your disclosure forms. If you have listed a vehicle, you will need to include include a recent Kelly Blue Book listing for the vehicle. If you have included real estate, you should include a current mortgage statement as well as any HELOC balance statements and a Zillow.com estimate of the property value. For all bank accounts, investment portfolios, IRA’s, 401k’s and other asset accounts you should provide a current monthly statement. For all credit cards and other loans provide a current monthly statement.

Full and accurate disclosure of financial information is the first step toward settling your divorce matter. Once each party has put everything on the table for discussion, your family lawyers can begin meaningful settlement negotiations and ideally, settle your case as quickly as possible.

If you are in need of a divorce lawyer or have questions regarding your duty to disclose financial information and need a consultation, the divorce lawyers at Griffith & Young are here to help you. Our family law office is located in Solana Beach, California in North County San Diego near Encinitas and Del Mar. Call our office to schedule your free initial consultation at 858-345-1720.

“The short answer is yes,” says San Diego divorce lawyer John Griffith. “There are several determining factors involved, but it is possible for you to request your attorney fees be paid by your spouse.”

Griffith is a San Diego family attorney at Griffith & Young, which specializes in divorce matters.

He explains how your attorney fees can be ordered in addition to spousal support and child support.

“The issue of attorney’s fees is also something usually negotiated during property division mediation with your spouse,” says Griffith. “Your attorney fees can be paid by your spouse as part of property division agreements or as a completely separate order.”

If your spouse was the sole income-earner in your family and you are unemployed or are now seeking employment due to your separation, then it is likely the court will order your spouse to pay a share of the overall fees or even the full amount.

Basically, fees can be awarded to the dependent spouse based on the fact that there is a significant disparity in income between the two parties.

Obviously, in a case wherein one spouse is 100 percent financially dependent on the other, the dependent spouse will not have access to hiring an attorney while the supporting spouse can hire an attorney easily.

In situations where both spouses are equal in financial earnings or have the ability to pay their attorneys, each will be required to pay their own legal fees.

Griffith says the court still has the power to require a spouse to pay all or a portion of their divorcing spouse’s legal fees, even when the parties have similar levels of income.

This depends on the financial resources of both parties and other factors in the case.

“Your judge has the final say in awarding attorney fees,” says Griffith. “During your divorce case, your judge can order a contribution of attorney’s fees on multiple occasions and on an ongoing basis based on the given circumstances.”

The divorce lawyer says attorney’s fees orders are commonly made in order to ensure that the rights of all parties are protected, especially in divorce cases where child support and child custody are issues.

“The court may also order your spouse to pay your legal fees if you have been harassed or abused as part of domestic violence restraining orders,” says Griffith. “Domestic violence greatly influences spousal support orders as well.”

Your attorney’s fees may be awarded to your spouse to be paid directly to your spouse’s attorney and in monthly installment payments.

Generally, if you miss two court ordered attorney’s fee payments, the entire amount ordered will become immediately due.

While your divorce is pending, the court may order that you and your spouse should have your attorney’s fees paid out of a community property asset.

For example, the court could order that artwork or personal property be sold to pay attorney’s fees.

Attorney’s fees can also be awarded as a sanction against one party for wrongdoing that leads to an increase in the cost of the divorce.

This award of fees is not based on the financial resources of the parties, but purely on the bad conduct of one of the parties or his/her attorney.

At the end of your divorce case, although neither party has made a request during the case for attorney’s fees, your spouse can request a lump sum of fees to be paid as part of the final settlement.

If a settlement cannot be reached, then the family court judge considers all issues including child support, spousal support, property division and debt division when deciding how to rule on attorney’s fees.

Griffith recommends speaking with an experienced attorney to discuss your rights and options in your divorce proceedings. Factors such as prenuptial agreements or restraining orders greatly influence the court’s decisions and he says it is important to ensure you get the support you deserve.

© 2012 Master Google and Griffith & Young. Authorization to post is granted, with the stipulation that Master Google, an online company which offers a free report on SEO secrets for Google, and Griffith & Young are credited as sole source. Linking to other sites from this document is strictly prohibited, with the exception of herein imbedded links.

“Choosing your divorce lawyer can be one of the most important decisions you will make in your divorce process,” says John Griffith, a San Diego family attorney at Griffith & Young that also offers Encinitas family court services.
Having an experienced divorce lawyer to represent you ensures you get what you are entitled to and your assets and family are protected.

Griffith says an experienced divorce lawyer will not only be able to handle the intricate details of your divorce, but will also be able to explain everything that is happening around you.

This aspect alone helps to alleviate some of the stress and pressure of your final separation.
While some couples may be agreeable enough to settle property division, support orders and child custody matters through negotiations out of court, it is still ideal to have an attorney assist you with legal documents and mediation.

Working with an experienced family law attorney who specializes in divorce can provide you with peace of mind.
“All divorce attorneys are lawyers, but not all lawyers are divorce attorneys,” says Griffith. “Divorce statutes are different for each state. You want to hire someone who has the experience and knowledge you need to protect your rights.”

Griffith uses the example of California as a no fault divorce state.
You can get divorced based on irreconcilable differences and are not required to prove grounds for divorce. California is also a community property state, which means that all assets you acquired during your marriage will be divided equally upon divorce.

“Any property acquired or money earned by either party during the course of marriage is considered community property,” says Griffith. “This applies to everything including your business, your real estate and the family dog.”
Alimony and child support are other aspects of divorce that could be a source of contention for the couple.
Hiring a divorce attorney could save you money by enabling you to settle out of court.
“Court fees and trial expenses can add up quickly,” Griffith says. “Your attorney can help you settle your divorce out of court by helping you and your spouse to reach an agreement before your case even goes to trial. You remain in control of the outcome.”

Consult with several lawyers and interview each to get a feel for the right person.
Griffith offers some key questions to ask any attorney before you make your decision to hire:

• What percentage of your practice is family law?
• How long have you been practicing?
• What percentage of your divorce cases go to trial?
• What are your expectations of me as a client?
• Who in your office will handle my case?
• Are you certified by the state bar association in divorce law?
• Have you ever been disciplined by the state bar association?
• What are your client services policies?
• How will you keep me updated on the status of my case?

“If there is something you want to know – ask,” says Griffith. “The interview is the time you want to weed out who you do and don’t want to work with. If you’re not comfortable with that person, then find somebody else.”
Griffith says to take your time and make the right decision.

The final outcome of your divorce will affect your life forever. Your children, your finances and your property are all at stake. Hiring the right divorce attorney is critical.

Griffith says most law firms offer free consultations and evaluations of your case and he recommends seeking information from several firms before making your decision.

© 2012 Master Google and Griffith & Young, APC. Authorization to post is granted, with the stipulation that Master Google, an only company that specializes in SEO for mobile websites, and Griffith & Young, APC are credited as sole source. Linking to other sites from this document is strictly prohibited, with the exception of herein imbedded links.

The client of Griffith & Young retained the firm to resolve a child support issue that had been lingering for over 12 years. The main issue in the case centered on the client’s wife having applied and received public assistance for a period of just over a year between 1995 and 1996. The couple did not divorce or separate until 2001 and the wife never told her husband that she was receiving cash aid from the County. The San Diego District Attorney’s office filed a petition to obtain a child support order against the husband as a claim was made by the wife that he was not providing support to the family. The husband never received service of the petition and a default was entered against him. He was not made aware of the $525 per month child support order until his wages were garnished in 1999. Upon learning of the child support order, the husband confronted his wife and the wife admitted the “fraud.” After dealing with the County of San Diego for nearly a year in an effort to resolve an arrearage that had grown to nearly $7000 at the time, the County agreed to set support arrears at a significantly reduced amount and mailed a stipulation to the husband for his signature. The husband signed the agreeement, returned it to the County of San Diego and considered the issue resolved. In 2007, the husband received a notice from the San Diego Department of Child Support Services that he owed over $8,000 in child support arrears. Frustrated, he took no action until 2012. In January of 2012, the husband contacted attorney Griffith in an effort to resolve his child support issue once and for all.

Upon pulling the child support file form the San Diego family courthouse, attorney Griffith discovered that the stipulation regarding child support arrears from 2000 had never been filed and the husband’s child support arrears had never been adjusted per the stipulation. Attorney Griffith filed a motion for the court to enforce the 12 year old stipulation notwithstanding the fact that it had not been filed for nearly 12 years. The San Diego DCSS filed a harsh response alleging bad faith on the part of the husband and claimed that to enforce the stipulation would be unfair and inequitable. A family court hearing was set for April 10, 2012. Attorney Griffith met with the client and prepared him to take the witness stand in defense of the argument that the stipulation should be enforced. Upon meeting with the DCSS attorney prior to the hearing, attorney Griffith was able to convince the County that the stipulation should be honored and the case closed. The client of Griffith & Young walked out of court with a closed case erasing $9,000 in child support arrears, his wage withholding order vacated, and his passport reinstated–Another success for a family law client of Griffith & Young.

The San Diego Divorce Lawyers at Griffith & Young are skilled at representing family law clients in family court and related matters. During your free consultation, your legal issues will be quickly identified and a plan of action developed that will provide the most effective route to resolution of your matter. We represent divorce and family law clients throughout San Diego including Encinitas, Del Mar, and La Jolla. Call now for your free consultation at 858-345-1720.

“You have several filing status options as a divorcing couple,” says San Diego and Carlsbad divorce lawyer John Griffith of Griffith & Young, APC. “Regardless of how you file, the characterization of your income does not change.”

Griffith explains that all income earned from the date of marriage to the date of separation is considered joint or “community income” and must be treated as such when filing tax returns.

For example, if a husband and wife separate on March 30, 2011, and they file a joint return, then the return is simple and the couple files as they always have in the past.

In this case they will decide who is entitled to what portion of the return based on separate property income deductions for all income earned after March.

Generally, spousal support is first ordered during the pendency of a divorce proceeding in order to ensure that the status quo is maintained during the divorce proceedings. Upon finalization of the divorce proceedings, a permanent spousal support order will be made by the family law judge. In cases wherein the marriage lasted less than ten years, the Court may set a termination date for the spousasl support order. However, in cases wherein the couple was married for longer than ten years, the Court will not set a termination date and it will be up to the supporting spouse to request modification and/or termination down the road.

How Do I Modify a Spousal Support Order?
In order to request a modification to a permanent spousal support order, there must have been a change in circumstances since the last order was made. Generally, the change in circumstances is that one party is making more money or less money than they were at the time of the last order or that the ability of the supported spouse to earn income has increased. In long term marriage spousal support situations, the Court will generally not terminate spousasl support at the first request of the paying spouse. The Court may, however, reduce the support order and order the supported spouse to make better efforts to become self supporting.

When are ready to file your motion to modify spousal support you should gather your financial information including proof of income and expenses and request the same information from your ex-spouse. In many family law issues, I am comfortable suggesting that the issue can be handled without the need for a divorce lawyer. However, the modification of permanent spousal support orders is an issue that should be handled by a competent and skilled divorce lawyer. There are many legal theories and California case law that can be applied to an argument regarding spousal support that will help your case tremendously.

The San Diego divorce lawyers at Griffith & Young represent family law clients on both sides of the spousal support issue with great success. If you are in need of a skilled and competent divorce lawyer in Encinitas, Carlsbad, Del Mar, Solana Beach, or San Diego, call Griffith & Young today for your free consultation at 858-345-1720.

“The purpose of a restraining order is to protect you from further harm from someone who has hurt or abused you,” says Attorney John Griffith, a divorce lawyer in Oceanside, California.

Examples of domestic violence range from stalking to assault.

“Domestic violence restraining orders are specific as to what the abuser can and can’t do,” says Griffith.

Your request is read by the judge who will then ask you questions regarding your situation.

Be careful not to leave out anything in your initial request, since some judges will only discuss what you have written as part of the initial request for a temporary restraining order and will not allow you to present evidence regarding additional accusations.

Photos, documentation and other evidence including medical records and witness testimony of abuse should be presented at this time.

“Keep it simple and be clear about what is happening and when it happens,” says Griffith, the property division counselor. “Be sure not to exclude any verbal or written threats toward you or your family. Those are the kind of details that can help you.”

If convinced you might be in danger of further abuse, the judge can grant your request immediately and without notice to the other party, like a divorce matter. This is considered a temporary order.

Initially, restraining orders are temporary. You are assigned a date to return to court where you and your abuser will appear for a formal hearing to present both sides to the judge who will determine the conditions of any permanent order or dismiss the case.

“It’s important you bring as much supporting evidence to this hearing as possible,” says Griffith. “Any friends, family members or even neighbors can stand as a witness. Photos of your injuries, voice mails and emails are all valid.

There are several categories of restraining orders. Some orders can order the abuser to have no contact with you at your home, your work or any location you request the court to place in the order.

Some restraining orders deny the abuser any contact with the victim until the terms of the restraining order have expired. This can be anywhere from one to five years.

“In some cases, the abuser may be ordered to pay household bills and help cover medical costs and other expenses resulting from the situation, such as attorney fees,” says Griffith an expert in temporary spousal support issues.

Any violation of a full restraining order could result in additional criminal charges.

Even though it’s just a piece of paper, restraining orders are strictly enforced and can provide protection for you and your family against further abuse.

Griffith says to keep a copy of your restraining order with you and give a copy to the police.

If you have been a victim of domestic violence and feel your safety or the safety of your family is in jeopardy, then consult with an attorney to know your rights and options in obtaining a restraining order.

© 2012 Master Google and Griffith & Young, APC. Authorization to post is granted, with the stipulation that Master Google, an SEO company that can guarantee first page Google results for companies, and Griffith & Young, APC are credited as sole source. Linking to other sites from this document is strictly prohibited, with the exception of herein imbedded links.

Dividing a Marital Residence With Value
When the marital residence has value, there are a few options available. First, and most commonly, the couple can agree to sell the house and divide the community property equity. In a case like this, the divorcing parties would agree on a real estate agent, list and sell the home. The proceeds from the sale are generally held in one of the trust accounts of a divorce lawyer on either side. These funds are hled until the parties can agree to, or the family court orders, the division of the property. Sometimes one party will receive a greater share of these funds as a result of an imballance in another area of community property division or if a party has contributed his or her own separate property to the home in the past. Questions regarding each party’s potential interest in a community property residence should always be discussed with a divorce lawyer knowledgable in this area of family law.

Another option that divorcing couples have when disposing of a martial residence is for one party to “buy out” the other party’s interest in the home. In a case like this, other marital assets such as cash, retirement accounts, stock accounts and vehicles may be exchanged for full interest in the marital residence. Generally this option will only work if the party keeping the house has the ability to refinance the house in order to have the other party’s name removed from the mortgage.

A more rare option to dealing with a community residence during a divorce would be for the divorcing couple to maintain joint ownership of the residence as an investment. In cases like this, the parties may choose to rent the home out and agree to sell the home at a later date. The main problem with this option is that the divorcing couple is tied to each other financially until such a time that the house may be sold. However, for some couples, this works.

Disposing of an Upside-Down Marital Property
When the marital residence has negative value, there are a fewer options available to the divorcing couple. There is no equity, so a sale and a division of the proceeds is out of the question. Further, if either party chooses to keep the residence, it is more difficult to refinance the house in order to have the other party removed from the mortgage. By and large, the most common and perhaps best option in a situation like this is to negotiate a short sale with the lender and dispose of the residnece so that the parties can go their separate ways.

The division of a marital residence during a divorce must be handled with care. A Marital Settlement Agreement regarding this issue must be drafted with safeguards to each party-especially in the situation where one party will retain ownership. The San Diego divorce lawyers at Griffith & Young are experienced in this area of law. If you have questions regarding the division of your community property house or need a divorce lawyer to review your Marital Settlement Agreement call our office for a free consultation at 858-345-1720.

A graduate of the University of California at Santa Barbara and Thomas Jefferson School of Law in San Diego, California, Ms. Young brings with her a wealth of experience in family law, civil litigation and administrative law.

“It is exciting that the firm continues to grow while we obtain favorable results for our clients,” says John Griffith, a divorce attorney in Carlsbad, California. “Catie has been an integral part of the family law practice at Griffith Law.”

Young recently completed a successful day-long trial in New Mexico representing a client of the firm in a National Security matter.

The law firm is in the process of being incorporated as a professional law corporation and is now Griffith & Young, APC.

Griffith and Young are dedicated to providing exceptional service to their San Diego divorce and family law clients.

Griffith & Young, APC specialize in family law matters such as domestic violence, child custody and divorce mediation.

Contact their offices of at (858) 345-1720 for a free personal evaluation of your case with an experienced lawyer.

© 2012 Master Google and Griffith & Young, APC. Authorization to post is granted, with the stipulation that Master Google, an SEO online company that can guarantee top Google SEO results, and Griffith & Young, APC are credited as sole source. Linking to other sites from this document is strictly prohibited, with the exception of herein imbedded links.