Family Law

Mother Father Son and Daughter (8-11) Having a Picnic and ChattingNegotiating and Litigating family matters.  Mr. Nutter will listen to you, analyze the facts and explain and advise you of your  legal rights and what you are entitled to by law.  He encourages peaceful collaboration. You will be able to make informed and sound decisions regarding your divorce/dissolution of marriage including child custody, child support, spousal support and division of assets and debts. He realizes you have your  own personal circumstances and advises based on the facts in your case.

He purposes to save you money by applying strong analysis of  your case, negotiating with opposing counsel to determine matters that can be settled earlier on in your case.  He is also ready to aggressively represent you in the event your spouses and/or their attorneys are simply unwilling to reasonably negotiate.   Whether, he has to prepare and file a Motion, Ex Parte Application, Restraining Order or any other action to protect your legal rights.

 

 

Child Custody & Visitation

littleboy-163x114Child custody and visitation can be agreed to by the parties or  determined by the court based on the best interest of the child.  If custody is contested, the court will order or a party may request a 730 evaluation and an expert will be appointed.  The evaluator will  conduct interviews  with the parties, family members, the child and evaluate their relationships with each other.  If necessary, the evaluator may talk to teachers, child care providers and others.  The evaluator will then prepare a written recommendation to the court.

 

 

Child Support

littlegorl2-162x115The party to pay child support and the amount of child support is determined by which party gets custody of the child(ren), custodial timeshare/visitation and the income of the parties.  In most cases, the state guideline amount will be determined and the parties will agree on the amount or the court will order an amount based on the state guidelines. Calculate the amount of child support that the court may order in your case by using the calculator on California Child Support Service’s  website.  In some cases, where a party is has a high income, child support will be ordered/agreed based on the needs the child.

 

Spousal Support

The party who pays and the amount of temporary spousal support is determined by the parties’ income and based on the state guideline amount.  The amount of spousal support on final judgment is determined by the parties income, education, earning capacity, standard if living, health, length of marriage and other factors determined by the court.

 

Identifying, Characterizing, Valuating & 

Distributing Assets & Debts

California family law states property  and debts acquired during the marriage is community  (shared) and property and debts acquired before and after marriage are separate to the acquiring party. What happens to separate and community property that gets commingled (mixed together)? What happens to property that gets
transmutated (written agreement changing the character of property)?  These are circumstances where parties usually have misunderstanding about the terms and conditions and in some cases a party intentionally commits fraud.

Identifying which party owns certain assets or owes certain debts, characterizing assets and debts,and valuating assets to get their true value are necessary in distributing/dividing property fairly and equitably.  Make sure to get business, real estate, pensions/retirement plans and antiques valued. California courts requires an equitable division of the marital estate, which means both parties must get 50% of the market value of the assets and 50% of the debts.  Since it is physically impossible to divide certain assets and debts 50/50, the division must be fair.  The parties may divide their assets & debts  by mutual agreement.  If there is no agreement,  the court will divide the assets and debts equitably,
considering the parties’ income, debt obligation and other factors.

Dividing Retirement Plans

Mr. Nutter will join retirement plan(s) earlier on in your case, if necessary. In certain cases, he will prepare Qualified Domestic Relation Orders “QDRO”.  In matters, that he believes you need an attorney who specializes in QDRO’s he will be happy to refer you to a QDRO attorney. There are cases where it is more practical to valuate the retirement plan(s) and give a different asset(s) to the non-employee spouse to equalize the division of the marital estate.

Facing Complex Financial Issues

If you and/or your spouse have a business, are unable to work or receive income involving complicated financial issues, Mr. Nutter will advise you and help you to retain  a forensic accountant, vocational expert and other professionals as necessary in order to determine  true property values, cash flow and tax issues. Determining the true value of assets is necessary to make a fair and equitable division of assets and debts and an accurate determination regarding child support and spousal support
Professionals such as a forensic accountant must be retained to determine a businesses cash flow.