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Mediation vs. Litigation: Child Support

Unlike other family law issues, child support orders tend to be fairly straightforward.

Over time circumstances may change and child support may need to be modified. The parent requesting the modification may choose to pursue litigation or mediation. Which is the right process for you?

Mediating Child Support Orders

If both parents are open to the need for modification and don’t anticipate any problems, mediation may be an excellent choice for resolving this issue. Mediation is using the services of a neutral third party whose purpose is to help both spouses reach an agreement.

Pros include:

  • less costly
  • less emotionally draining
  • moves more quickly
  • you have more control over outcome

Cons include:

  • both parties must agree to all terms and conditions
  • if agreement cannot be reached, you will have to go through litigation

Litigating Child Support Orders

However, if the issue is going to be contested by the other party, litigation is the road to take. Litigation is the process of taking your case to court.

Pros include:

  • if you are not satisfied with outcome, you can appeal the case
  • may be a better option when emotional or physical abuse is involved

Cons include:

  • litigation can become very expensive
  • the case could last for many months, even years
  • litigation can further strain a relationship, causing resentment

To further understand the pros and cons of mediation and litigation and to determine what is right for you, contact a knowledgeable family law attorney at Holstrom, Block & Parke who can guide you through the process in fair and focused ways.

We are located in both Riverside and Orange County.

About Dayn Holstrom

Dayn Holstrom is a hard working, compassionate problem solver who welcomes the opportunity to serve you in any way he can. His maximum availability to your questions and concerns begins with your free initial consultation. He is well-seasoned in all matters related to family law and a skilled negotiator and litigator.

Child Support

Does Divorce Make You Happy?

Most people that are in a bad marriage believe they have only two choices:

  1. Stay married and continue to be miserable
  2. Get a divorce and be happy.

A recent study conducted at the University of Chicago found no evidence that unhappily married couples who divorced were happier than unhappily married people who stayed married. In addition, the study showed that two-thirds of unhappily married spouses who stayed married reported that their marriages were happy five years later.

The study used approximately 5,000 married adults – about 650 reported being unhappily married. Five years later, some of the people had divorced or separated, and some were still married.

The bottom line – divorce didn’t reduce symptoms of depression, raise self-esteem, or increase a sense of mastery. So, why doesn’t divorce typically make adults happier? Even though divorce usually eliminates some stresses and potential harm, divorce may very well create others as well.

The decision to divorce sets in motion a large number of events over which an individual has little control. These events, including the response of one’s spouse to divorce, the reactions of your children, and finances, most likely will affect his or her emotional well-being.

If you are thinking about divorce and have many questions, it is important to contact a skilled family lawyer at the law offices of Holstrom, Block & Parke before doing anything. Our attorneys will guide you through your issues so you can focus on moving forward with your life.

We are conveniently located in Riverside and Orange Counties.

About Dayn Holstrom

Dayn Holstrom is a hard working, compassionate problem solver who welcomes the opportunity to serve you in any way he can. His maximum availability to your questions and concerns begins with your free initial consultation. He is well-seasoned in all matters related to family law and a skilled negotiator and litigator.

Divorce

Foster Care & Adoption

There are many displaced children in America – children who go from home to home through the foster care system – looking for a little love and attention – a place that’s safe – and someone who cares.

Are you a foster parent who has a desire to grow your family through adoption? Foster care adoptions offer a number of joys and challenges as well.

Among the joys are is the satisfaction of helping a child who deserves a loving and permanent home, and the desire to do the right thing for a child in need. The potential to change a child’s life is priceless.

You must remember that there are challenges involved. Adoption is a permanent step and is more of a time and financial commitment than fostering was. You may end up dealing with emotional and psychological issues caused by the child’s previous environment and past.

Adopting a child is a tremendous, life-changing step for anyone to undertake.

If you are considering making your foster child a permanent family member in your home, contact an experienced family lawyer at the law offices of Holstrom, Block & Parke to make this step easier.

Our attorneys are dedicated to helping foster care families adoption the children who have been placed with them. We know how important it is that these children have security and stability in their lives.

Don’t wait to begin the process of extending your love to someone who needs it; let us work with you to make the relationship binding between you and your child. Call us at an office near you; we have offices in Riverside and Orange Counties.

About Dayn Holstrom

Dayn Holstrom is a hard working, compassionate problem solver who welcomes the opportunity to serve you in any way he can. His maximum availability to your questions and concerns begins with your free initial consultation. He is well-seasoned in all matters related to family law and a skilled negotiator and litigator.

Adoption

Child Neglect

Child neglect refers to the failure by the parent, guardian, or caregiver to provide needed, age-appropriate care even though financially able to do so.

Neglect is usually ongoing inadequate care that can be observed by individuals in close contact with the child, such as physicians, day care personnel, relatives, or neighbors. Most will get involved and report suspected neglect to the authorities. Once the child is in school, personnel often notice indicators of child neglect such as poor hygiene, not enough weight gain for their age, inadequate medical care, or frequent absences from school.

According to the National Child Abuse and Neglect Data System, more than 800,000 children in the United States were victims of abuse and neglect in a given year. Neglect comes in several different forms, including:

  • Physical neglect – the parent does not provide the child with basic necessities, such as adequate food, clothing and shelter. It can also include child abandonment, inadequate supervision, rejection of a child, and failure to provide adequate safety, physical, and emotional needs.
    Physical neglect can severely impact a child’s development by causing failure to thrive, malnutrition, cuts, bruises, burns, serious illness, and a lack of low self-esteem
  • Emotional neglect – when a parent engages in chronic spousal abuse in the child’s presence. It includes allowing the child to use drugs or alcohol, belittling the child, and withholding all types of
    affection and love. In addition, the child’s needs are totally ignored and at times the child is even threatened with severe punishment.
  • Medical neglect – the failure to provide appropriate health care – placing the child at risk of being seriously ill, disabled, or even dying.

If you suspect child neglect or child abuse is happening to your child or someone you know, you are required by law to report it to the local child protective services agency in your county.

If you are facing child neglect charges it is important to protect yourself by retaining the services of a capable Family Law attorney. Let us put our legal skills and experience to work for you and see if we can diminish your charges or have them dropped altogether. Talk to the best in the business Holstrom, Block & Parke Family Law & Divorce Attorneys now with offices in Riverside and Orange Counties.

About Dayn Holstrom

Dayn Holstrom is a hard working, compassionate problem solver who welcomes the opportunity to serve you in any way he can. His maximum availability to your questions and concerns begins with your free initial consultation. He is well-seasoned in all matters related to family law and a skilled negotiator and litigator.

Child Custody

Defining My Relationship

My partner and I decided to live together; we are not married. Do we need to have some sort of agreement to keep issues on the up and up?

Cohabitation is when two partners have integrated their residence, property, and daily lives. It can be the first step towards marriage, or it can be an arrangement for couples who don’t want the commitment of marriage.

Did you know that unless you define your relationship through a legal agreement, the law may view you as strangers in the case of a breakup or death? By choosing cohabitation versus marriage, you are foregoing certain rights and protections provided to you in a marital union.

You and your partner can create a ‘living together’ agreement (or cohabitation agreement). It’s designed for couples, such as yourself, stating your legal rights and responsibilities during your relationship and what happens if it should end.

Couples enter into a cohabitation agreement if they wish to provide a plan for things, such as:

  • Sharing living expenses
  • Division of joint property if the relationship is terminated
  • Retaining separate property acquired prior to, and after, the execution of the agreement

If you enter into a cohabitation agreement, it is important to cover the following:

  • Division of property, including the residence, in the event of a breakup or death
  • Obligating financial support
  • Handling debts
  • Defining support, custody, or visitation rights if minor children are involved
  • Specifying health insurance coverage and the right to make decisions in case of emergency
  • Guardianship in the event of incapacitation

Are you in a long-term relationship? Just because you’re living together doesn’t automatically entitle you to the rights and protections afforded to married couples.

Contact the experienced Family Law attorneys at Holstrom, Block & Parke to learn more about the advantages of creating a cohabitation agreement. It will ensure that you and your partner are protected while clarifying your understanding of your relationship.

We have offices in Riverside and Orange Counties.

About Dayn Holstrom

Dayn Holstrom is a hard working, compassionate problem solver who welcomes the opportunity to serve you in any way he can. His maximum availability to your questions and concerns begins with your free initial consultation. He is well-seasoned in all matters related to family law and a skilled negotiator and litigator.

Cohabitation Agreement

Spousal Support Vs. Property Settlement

Are cash settlements subject to tax?

In a divorce, it depends on how it is classified. If it is spousal support, it is taxable to the recipient and tax deductible by the spouse who pays it. If it is a property settlement, it is not taxable or deductible.

How do you know if your support which is taxable versus a property settlement that isn’t?

It is important for a divorcing couple to distinguish between payments that are for spousal support and those that are part of a property settlement.

This is critical, if for no other reason, than tax consequences. Spousal support is different from property distributions, which are usually without tax consequences to either spouse. Failure to properly distinguish spousal support can result in drastic consequences to the spouse paying support.

When it comes to property division, the terms and conditions of an agreement are negotiated as to who gets what. If one of the parties gets remarried, the property division is unaffected.

Support on the other hand, is often modifiable, based on changing circumstances in the future, such as changes in employment or retirement. In addition, if the recipient gets remarried the spousal support is terminated.

Spousal support continues during the lives of the spouses; property settlements are inheritable and can be enforced by the decedent’s estate.

According to IRS Publication 504, most of the rules will likely be unchanged from year to year. However, they could and if they do, it is important to speak to an experienced attorney for the help you need.

Contact the Family Law offices of Holstrom, Block & Parke if you have questions about how divorce might affect your holdings and financial status. We can help guide you through these trying decisions. We are located in Riverside and Orange Counties for your convenience.

Spousal Support

Domestic Violence: When Men Are The Victims

No one should have to put up with violence or abuse. Domestic violence or abuse can happen to anyone – anywhere.

Domestic violence doesn’t always refer to a woman as the victim. Even though 96 percent of the cases apply to women, the other 4 percent involves women committing domestic abuse against a man.

Statistics from the National Violence Against Women Prevention Research Center state that more than 800,000 men are victims of domestic violence every year – about half the rate of women. This means that there is a male victim of domestic violence every 37.8 seconds.

Even though there are many programs out there to help women, there are few for men to attend. This is strange because men are abused in the same manner as women: emotionally, verbally, financially, and even physically.

Most of the time abuse works its way into the relationship. A first time meeting may show the abuser to be charming, complimentary, and generous. However, over time, he or she may turn threatening, use abusive language, deliberately frighten the abused, and increase his or her aggressive attempts of control.

If abuse or violence is part of your everyday life, you don’t have to put up with it. Talk to a relative, friend, or professional counselor. In an emergency, call the police. In addition, you can call the National Domestic Violence Helpline at 1-800-799-SAFE for help.

If you are a man being abused by a woman, don’t be embarrassed to seek legal help. Don’t wait; if you need someone to help you have a voice, and understand how to obtain a Temporary Protective Order consider the Riverside Family Law attorney from Holstrom, Block & Parke. One of our attorneys can walk you through the process of getting permanent or long-term protection.

Even though the process may be frightening and stressful,

About Dayn Holstrom

Dayn Holstrom is a hard working, compassionate problem solver who welcomes the opportunity to serve you in any way he can. His maximum availability to your questions and concerns begins with your free initial consultation. He is well-seasoned in all matters related to family law and a skilled negotiator and litigator.

Domestic Violence

Divorce & Student Loans

In order to get a good education today, student loan debt is a reality for many college and graduate-school educated people in this country. What happens when one spouse in a marriage has tens of thousands of dollars in student loans and the couple is getting divorced?

Does the other spouse have to split the debt?

In California, a community property state, when a couple divorces, the court divides their assets as well as their debts.

Just as there are community and individual assets, there can be community and individual or separate debts. For example, if one spouse is attending school and takes out a student loan during the marriage, the loan is generally considered a separate debt.

There are many reasons for an individual to take out a student loan, such as:

  • To pay for college tuition and books
  • To support the student and/or family while pursuing an education

Since, in most cases, it’s usually a little of both. Trying to figure out who is responsible for paying back the loan can be complicated. Getting a degree can benefit both when the individual’s salary is increased – the court may then consider it a community debt. However, if the degree doesn’t benefit both parties, repayment of the loan is usually the responsibility of the student.

According to California Family Code Section 2641(b), “Upon dissolution of marriage or legal separation of the parties, the community shall be reimbursed for community contributions to education or training of a party that substantially enhances the earning capacity of the party”.

In California, there can be exceptions when the student loan can be considered a community debt. It is best to seek legal advice if you are in this situation.

If you need help trying to figure out how your divorce will impact you financially, an attorney might be able to help. Contact the Riverside family law offices of Holstrom, Block & Parke. We can help you figure out what your options are and how they will impact your financial obligations.

About Dayn Holstrom

Dayn Holstrom is a hard working, compassionate problem solver who welcomes the opportunity to serve you in any way he can. His maximum availability to your questions and concerns begins with your free initial consultation. He is well-seasoned in all matters related to family law and a skilled negotiator and litigator.

Child Support

Don't Leave Your Estate In California's Hands

Every adult should have an estate plan. Whether your planning needs are simple or extremely complex, you need a plan that is customized to your assets, your family structure and your goals.

Whether you choose to have a Will or a Living Trust, both provide for the distribution of your estate upon your death. Deciding which fits your needs depends on your specific circumstances.

A Will is a legal document that allows you to choose your beneficiaries and leave them specific items from your estate. You will need to designate an executor to carry out your wishes. In addition, it gives you the chance to nominate a guardian if you have minor children. It is subject to probate and comes into effect upon your death.

As for costs to prepare, a Will costs less than a Trust; however, costs to probate a Will can be substantial.

Even though a Will comes into play upon your death, a Living Trust can start benefiting you while you are still alive. It allows you to transfer substantially all of your property into your Trust during your lifetime and it is revocable, which means you can make changes. It will be used to manage your property before and after your death, as well as provide how your assets will be distributed after your death. If you become disabled or incapacitated, the Trust is in place to manage your financial affairs. A great benefit is that it is not subject to probate and all provisions will remain private.

As for costs to prepare, fund and manage, a Living Trust costs more than a Will; however, it avoids probate costs if all assets were held by the Trust.

If you die without a Will or Living Trust, your estate will be handled and your assets distributed by the court – probably to your spouse or closest heirs. This may or may not be what you wanted.

Estate planning involves difficult decisions about your personal matters. It demands individualized solutions for your objectives.

Whether you’re just beginning the estate planning process, or you need to update an existing plan, contact the Orange County Family Law offices of Holstrom, Block & Parke because we take pride in providing experienced counsel with excellent service in determining the right estate planning tools for your family.

About Dayn Holstrom

Dayn Holstrom is a hard working, compassionate problem solver who welcomes the opportunity to serve you in any way he can. His maximum availability to your questions and concerns begins with your free initial consultation. He is well-seasoned in all matters related to family law and a skilled negotiator and litigator.

Divorce / Estate Planning / Money, Property & Support / Probate / Property Division

How Can I Establish My Rights As A Dad?

In today’s world, the mother is not always the sole caregiver for her child – many fathers participate in raising their child – and fight to obtain their parental rights if they are not recognized as the child’s legal father.

California courts believe that children have a right to know who their parents are.

If you are an unmarried father, you have the right to file a paternity action and be legally recognized as the child’s father – giving you the right to visitation as well. As the recognized father, you also have the obligation to pay child support.

Keep in mind – unless you legally establish the paternity of your child, you have no say in his or her upbringing. The child’s mother can legally move away with the child without your consent – you don’t even have the right to visit your child.

Legal issues involving a child can be complex and emotionally charged. At this difficult time, you need the help of an attorney you can trust to handle your case with the utmost skill, compassion and professionalism.

The Riverside family law offices of Holstrom, Block & Parke is committed to improving the lives of children and their families. We push hard for efficient, positive outcomes, while doing everything possible to reach a resolution smoothly and efficiently. Our attorneys understand that this is a challenging time and believe that you deserve attentive and individualized service.

Once the relationship has been legally recognized, both parents will have the same rights as divorced parents have in terms of child custody, visitation (parenting time) and child support.

Our attorneys have extensive experience representing both unmarried mothers and unmarried fathers in these matters. Wherever your interests lie, at our firm you’ll find the strong and effective legal representation you need to forcefully assert your rights, because we understand the bond that exists between a child and a father and ever be deprived of sharing their love with the miracle they help create.

Child Custody / Parental Rights

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.