Family Law

Family Law

In California, Family Law covers a huge range of issues that each requires an attorney to understand the law, the client and the issue which brings the client to meet with the attorney. At the Law Office of Attorney Phuong Kim Nguyen, she understands the needs and has spent many countless hours to consult, comfort and talk to the party who is at his/her emotional time of the marriage and to provide families with the legal help they seek.

There are many areas we can work directly with our clients regarding a family law case:

  • Child Support
  • Alimony
  • Custody and Visitation
  • Modifications to Visitation
  • Move-Away and Parental Relocation
  • Mediated Divorce
  • Marital and Pre-Marital Agreements
  • Paternity
  • Divorce, Nullity, and Legal Separation
  • Contempt of Court and Enforcement of Orders
  • Division of Property and Debt
  • Domestic Violence
  • Restraining Orders

For many dissolution cases, child custody and visitation agreements are often one of the biggest problems in their divorce. Often, both parents are fighting to win the battle of custody because of the central role that parents play in their children’s lives. It is important to show the Court that the children well-being is the most important part of their daily routine. Unfortunately, many parents use the children as a tool to get what they are out to get, high custody percentage, low child support.

Having a compassionate attorney who understands the issue and willing to work bringing the medium point of custody and support together shall result in a win-win resolution to the client.

As California courts always consider a child’s best interests first, there are several different ways to achieve custody and visitation for parents in a divorce, including:

  • Legal Custody
  • Physical Custody
  • Visitation Rights

Whether you are looking to obtain these custodial or visitation rights, or to prevent your child from being endangered by a custodial agreement that is not in their best interest, having a legal professional who is familiar with California’s custodial laws can make the difference in getting the outcome that you want or not.

The next area in a dissolution case is when married couples who make the decision to divorce often have to deal with many financial and property-related issues, including:

*Community Property as in home, furniture, automobile, art objects, furnishing, checking and saving accounts, retirement funds, profit sharing, etc…
*Separate Property as inheritance, property acquired prior to marriage, etc…
*Community Debts as mortgages, private loans, credit cards, tax liability, 401K loan, etc..

Because California is a community property state, any property, from a house to regular paychecks to a 401k, and financial obligations that are accumulated during the marriage, even by one partner, are considered to be owned by both people. This can make the division of property and debt very complex.

In California, often most couples have two jobs and their financial sometimes are not equal, hence leaving one spouse struggling financially after a divorce. And if he/she is not struggling, the longer the divorce is pending, the faster he/she will end up in the poor house. However, the courts have a solution to help one party who is not financially sound receive some alimony support and help them become self-sustaining.

Alimony support can be asked at the beginning of the filing for divorce. A motion can be submitted into court for determination whether your spouse agrees to pay spousal support. Often time, the spouse who works would not agree to pay alimony. Therefore, seeking legal counsel and guidance can help to protect your interests and establish an order for spousal support.

Additionally, after these agreements are established, you may later need help:

  • Modifying Alimony Agreements
  • Enforcing Alimony Agreements

Alimony disputes can arise for a number of reasons, non-payment by one party to the other is one of the most common issues people face. However, changes in income, re-marriage, and other circumstances can all result in the need to modify or enforce an agreement. As California allows for permanent alimony, getting legal help when dealing with such issues is often essential.

We are here to help you. We are dedicated attorneys who want to bring our client’s life back to its peaceful stage. We are ready for you. Please email us your question or call our office for an appointment free of charge for the first half an hour.

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