Friday, January 24, 2014

Child Support Liability in California


Child custody and child support are the two disputes that can arise from the number of situations like dissolving of marriages, formation of new partnership or new marriage. It can also occur if one parent is moving away, changes job or facing any legal issues. Whatever the reason is, if you are looking to reach the resolution regarding child custody or child support, the first step should be to contact an  expert and professional child support lawyer California.

California child support law defines child support as the ongoing monetary expenditures and payments necessary for the living of the child and medical expenses. Both parents have a legal duty to provide financial support for the children.

How much am I required to pay for child support? We wish if this question could be answered with one simple response but NOT SO in California. The child support guidelines are determined by number of vital factors like income of both parents, time share or parenting plans with the child (minor child), tax dependency exemptions etc.

There is a misconception among some people about child support that it only cover child's bare necessities like food and clothing. But in legal terms, child support is meant to cover the broad range of expenses like school/ fees and expenses, travel and transportation, medical, entertainment and extracurricular activities.

Under California child support law, the noncustodial parent pays the support amount to the custodial parent but under some circumstances, both parties pays child support amount to the third-party who is taking care of their child. Before you set a foot in t he courtroom, Gigliotti law group- the child support attorney California will help you with experienced and educated calculation of what to expect from court and help you to confidently step forward in new phase of life. 

California Move Away Law


Generally happens in divorce cases, both parents are sharing the custody of their child or children . And when one parent plans to move away, certain questions arise like “can I move away from California with my children?” “ Am I stuck in California forever?” “ Do I have to leave to my children here with other parent?”

These questions are what we call “move away” concerns. In California move away law, this is a very technical issue. Sometimes it is very challenging but if one approaches a proper channel it is not impossible.

If you want to move away with your children, you need written consent of the other parent. As per California move away laws, without written permission of the other parent you cannot move. If the other parent do not agree, then you must approach the Court for move away permission. The first question raised by the Court is whether you currently have child custody orders or not. The California move away laws are very complicated and confusing that involves various factors in the outcome.

Before you approach the Courts, you must try to mediate the issues and reach an agreement. The Gigliotti law group has dedicated lawyers to help those parents involved in move-away disputes. The family law attorney Robert Gigliotti has professional and personal experience that is needed to assist the parents in this difficult situation. Before the issues goes to the hands of a judge, we mediate and try to reach the agreement about where the child will live, what the visitation arrangements will be with the  other parent. If the parents cannot agree upon the agreement made between them, we help you to reach the Court too.

If you have any question about California move away laws, it is important to discuss your concerns with an experienced family lawyer. Contact Los Angeles attorney Robert Gigliotti at Gigliotti law group, we will protect your and your children needs. 

Robert Gigliotti’s Role in California Child Custody and Visitation Agreement

California has a well developed and complicated set of family laws. A typical agreement on child custody and visitation in California goes through four phases:
  • Temporary hearing
  • Meditation
  • Evaluation
  • Trial

This post discusses these phases and concludes with a note on how Robert Gigliotti can help you through each of them.

Temporary hearing

Family court sets out with a temporary hearing after either parent has filed for a divorce. During temporary hearing the court considers several legal aspects of the case and decides on a temporary custody.

This custody usually goes to the parent still living in the marital home. At times the decision on temporary custody can indicate what the court thinks is the more suitable for permanent custody. But a correlation between temporary and permanent custody cannot be taken for granted.

Mediation

As the divorce case proceeds, the court orders both parents to accept mediation from a professional mediator. The mediator is a third party who helps the parents communicate with each other and resolve their differences. If mediation is successful parents do not have to undergo another trial for their children’s custody. If parents fail to reach an agreement between themselves, the court orders custody evaluation.

Evaluation

A court evaluation involves a social worker, or a professional psychologist, or a health professional whose job is to talk to parents and children to evaluate what is in the best interest of the children. This evaluation report is then presented to the court.

Trial

California courts go through the evaluation results and listen to contesting parties’ arguments before deciding on custody. Courts place high importance on a child’s age and their emotional attachment.

Role of Robert Gigliotti
California family lawyer Robert Gigliotti is a veteran in child custody and visitation cases. He will use his deep knowledge of the law to guide you through each step of the process. Robert’s aim is to come to a custody and visitation agreement that protects your and your children’s financial interests. His aim is to place your and your children’s interest above all and do whatever is in the best interests of you and your children.

You can learn more about Robert Gigliotti and how he can help you on our website: http://www.gigliottilalaw.com/.

Friday, January 3, 2014

When to hire a personal injury lawyer?

If you have been injured as a consequence of someone's actions, it is natural that you should get support from that person. In another situation, if you have been injured and no one is at fault, your insurance company should pay you a fair amount that is commensurate with your injuries.

Though straightforward in theory, things are more complex in real world. The other person may refuse to accept responsibility. Your insurance company can deny you a claim, or get you to agree on for a lower settlement.

As a person with little experience in law, you will find it hard to deal with people (insurance company lawyers) who know the law upside-down. It is in these scenarios that a personal injury lawyer in Los Angeles can help you. With an experienced personal lawyer on your side, you can claim and get a just compensation.



There are plenty of scenarios where it is sensible to consult a personal injury lawyer to minimize physical, financial, and emotional costs. Their full-length treatment will fill up several volumes. We are limiting ourselves to three most common scenarios where you should consult a personal injury lawyer before rushing into a settlement.


Road accidents

The state of California holds negligent drivers accountable for their actions. If you have been seriously injured in an auto accident, and if you think the other driver was speeding, drunk, or otherwise breaking the law; contact your lawyer.


Indoor accidents


As it is the responsibility of property owners to keep their place safe for residents and visitors, you can claim a compensation if you have sustained serious injuries on a property as a result the negligence of owner. Two common scenarios involving an injury on a private property involve slipping on floor and getting hit by a broken piece of roof.
  
Dog bites

California is very strict in handling injuries pertaining to dog bites. Dog attacks can result in disability and an emotional trauma. It is advisable to consult your lawyer before picking up a fight with the dog owner.

There are plenty of other situations, where you will need the skills of an expert lawyer to navigate through the maze of personal injury law. We will advise you to consult a professional to learn if you are eligible for compensation in a case of injury.

Why is a divorce mediation preferable to a court case?

Divorce mediation is an out-of-court negotiation process in which a neutral mediator assists spouses to come to a divorce agreement that is acceptable to both parties. The job of mediator is to facilitate communication. He is different from a judge and an arbitrator, as he does not make decisions.

Although the mediator does not play the judge, the agreements you reach during the process can be legally binding.

There are many good reasons to prefer mediation than a court case. The following paragraphs introduce you to four of them:

Cost

   
If you live in Los California, hiring a divorce mediation lawyer is less expensive than paying several four- or five-digit checks to attorneys. A typical divorce case will cost both of you somewhere between $5,000 and $15,000. If you are finding yourself in a particularly nasty situation, the lawyer's bills can be more than $50,000; or even more. In comparison, people rarely pay more than $3,000 for professional mediation.
   
Time
   
Mediation is quicker. Couples hiring a mediator usually come to a settlement within 90 days. The average duration of a court settlement is around 15 months. Divorce mediation attorneys show you a quicker way to resolve cases.
   
Privacy
   
When your case goes into court, anyone can come and listen to it. Your privacy is compromised. It does not happen with private mediation, where all the details – custody issues, visitation issues, property division, and financial issues – about your case confidential. No person, other than you, your spouse, and the mediator, has information about your case.

Focus on negotiation

Mediation helps if you want to keep a relationship with your spouse – because of children or some other reason – after legal separation. Things can turn uncontrollably ugly in a court battle. A court case can lead to lasting grudges and ruin your chances to a peaceful life. Mediation is different. It lets you talk your mind out, to listen to the other person, and then take a decision. A court battle can turn into a loss/loss situation. In stark contrast, a skilful mediator can bring about a win/win situation for both of you.

The key thing in mediation is negotiation, not argument. There are more advantages of hiring a mediator over a lawyer than the four listed above. To learn more about the benefits, consider booking a session with South California lawyer Robert Gigliotti. Contact information can be found here: http://www.gigliottilalaw.com/contact/.