AM I ENTITLED TO AN INTEREST IN MY WIFE'S BUSINESS?

QUESTION: Am I entitled to any of my wife's medical practice? We were married in February, 2009. At that time my wife was a partner in a medical group, and she had no employees. On April 1, 2010 my wife left the group and started up her own medical practice. She has 16 employees. She filed for divorce in February, 2011 for no obvious reasons. Her personal income for the year will be between 700k and 900k. Am I entitled to a portion of her practice?

ANSWER: You likely are entitled to a community interest in your wife's medical practice, but you will need expert assistance in asserting and valuing that interest.

Each party's earnings from his or her labors after the date of separation are separate property.

Since your wife formed her medical business during the marriage and prior to separation, her medical business would be a community property business, and it would appear that much of the income of that medical business was generated from the labors of its 16 other employees.

You will likely need to retain an experienced Family Law Attorney and a Forensic Accountant to assert and value your community interest in your wife's medical business.

Whereas your wife's post-separation earnings from that business would appear to be her separate property, if your wife had sole control over her compensation and took all of the profits of the business as income, the Court could consider evidence from an Executive Compensation Expert regarding reasonable compensation of a doctor-owner of a medical practice in apportioning how much of the business profits are attributable to your wife's post-separation (separate property) work and talent, and how much of those profits are attributable to the community interest in the business.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a California Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

CAN I BACK OUT OF A STIPULATED CHILD CUSTODY JUDGMENT?

I frequently receive questions from people regarding their family law issues. The following is a question which I was authorized to publicly reveal, and my answer to the question:

QUESTION: Can I appeal our child custody legal agreement? If the parties came to an agreement and a Stipulated Judgment was signed and filed with the Court, is it possible to file an appeal and take the matter back to court?

ANSWER: You can't appeal a Stipulated Judgment, but under certain circumstances and within specified time limits, you can file and serve a motion to set aside the Judgment or part of the Judgment.

If you entered that Stipulated Judgment under duress, you must bring a motion to set aside the Judgment (or a portion of the Judgment) based on duress within two years of entry of the Judgment.

If you entered that Stipulated Judgment by mistake of law or fact, you must bring a motion to set aside the Judgment (or a portion of the Judgment) based on your mistake within one year of entry of the Judgment.

However, a Stipulated Judgment may not be set aside simply because you have changed your mind, or because the Judgment was inequitable when made, i.e., "cold feet" are not grounds to set aside a Judgment.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

CAN SOCIAL SECURITY DISABILITY BENEFITS BE GARNISHED FOR BACK CHILD SUPPORT?

The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: Can I collect back child support from my ex if her only source of income is social security disability insurance?

ANSWER: SSDI (otherwise known as SSD) disability benefits can be garnished for child support, but SSI (Supplemental Security Income) benefits cannot.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

CAN AN UNEMPLOYED MOTHER GET CHILD CUSTODY?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: Can I get child custody with no job? My husband is trying to control my every move. I want to leave but he said if I leave, I can't take my son because I don’t have a job. Could I get custody?

ANSWER: Having a job is not a prerequisite for getting child custody. A lot of homemakers are custodial parents. You should consult and preferably retain an experienced Family Law Attorney to represent you in your divorce and child custody case. You should be able to get child custody, child support, spousal support, your 50% share of community property, and an order for payment by your husband of a significant contributory share of your attorney's fees in your divorce case.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

HOW MUCH WILL A PRENUP COST?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: How much does it cost to get a prenup? I went through a horrible divorce a few years ago in the state of California. I want to get married to my boyfriend, but I want to get a prenup in case we do not make it. How much will this cost?

ANSWER: Each Family Law Attorney has his or her own pricing structure for Prenups.

There isn't such a thing as a "standard" Prenuptial Agreement. Your Premarital Agreement should be tailored to the terms that you want, it needs attached disclosures of your and your fiance's assets and obligations and their values and amounts, and the attorney may recommend other terms that you hadn't thought about.

If you want a Prenup, get a good one, not a cheap one. It should be drafted by an experienced Family Law Attorney who knows the laws and cases relevant to Prenuptial Agreements. Poorly drafted Prenups get set aside by the Court in Divorce cases.

You should interview experienced Family Law Attorneys before choosing one to prepare your Prenup.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

SHOULD I RETAIN A LAWYER FOR MY CHILD CUSTODY CASE?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: How can a father get joint custody of his children in a divorce in California? Do I need an attorney to help me get joint custody of my children from my marriage? My kids are 12 and 9. Is it true that it is difficult to get custody as a dad in California?

ANSWER: It would be best for you to retain an experienced Family Law Attorney to represent you in a case involving child custody.

Traditionally, mothers have had the upper hand in child custody cases.

In more recent years, there has been greater recognition of father's roles as parents and rights as parents.

California Family Code Section 3020(b) states in relevant part: "The legislature finds and declares that it is the public policy of this state to assure that children have frequent and continuing contact with both parents ..., and to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy... ."

Whether or not you receive joint physical and/or legal custody depends upon facts which are specific to your relationships with your children and your spouse, as well as how those facts are presented to the Court.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

HOW CAN I PROTECT MY FIANCE' FROM MY PREMARITAL DEBTS?

I often receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: Will my new spouse be liable for my financial problems? My domestic partner and myself are thinking about getting married after 9 years living together. Over the past 25 years or so I have not filed tax returns either with the IRS or State of California and have accumulated somewhat of a liability issue for myself, as well as having back child support arrears accumulating for the past 30 years. My wife-to-be hopefully has been more responsible than myself with her life and owns her own home as well as accumulated some financial assets for herself. Is she going to be responsible for my past financial mistakes.

ANSWER: Your wife-to-be won't be held responsible for your premarital debts, but any community property of you and your wife-to-be could be held responsible for those debts, and special care must be taken to segregate her income in a sole account under her name to which you have no rights or access, to prevent it from being vulnerable to collection of those debts.

Family Code Section 910 provides in relevant part that the community estate is liable for debts incurred by either party before (and during) marriage.

Family Code Section 911 provides in relevant part that the earnings of a married person during marriage are not liable for a debt incurred by the person's spouse before marriage, and that those earnings remain not liable so long as they are held in a deposit account in which the person's spouse has no right of withdrawal and are not commingled with other property in the community estate.

Among other things that would be appropriate to protect your wife-to-be from your premarital debts, your wife-to-be should have her own account in her sole name for the deposit of her earnings, you should have no right of access to that account, and nothing but her earnings should go into that account.

Additionally, any and all separate property owned by your wife-to-be should remain in her sole name.

You and your wife-to-be should timely enter a into well-drafted Prenuptial Agreement prepared by an experienced Family Law Attorney which provides, among other things, that there shall be no community property, and that any property and/or assets that are acquired during the marriage shall be and remain her sole and separate property, and that you would not acquire any right, interest, reimbursement right or credit for any contribution that you may make, whether in money, skill or labor to such property and/or assets.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |