Articles Posted in Attorney Fees and Costs

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It seems like we all spend so long trying to build good credit over the years just for it to be ruined with a snap of the fingers. A divorce doesn’t have to be the culprit in ruining your credit. If you take certain measures while going through a divorce, you can help protect your credit rather than sending it and your financial future to its demise.

Review Your Credit Report
The first step in protecting your credit is to get a copy of your credit report. Once you have a copy of your report it is important to thoroughly review it so that you are well aware of all individual and joint accounts. Perhaps you forgot about a department store credit card that you opened quite some time ago. Reviewing your credit report will get you up to speed on all of your accounts.

Closely Monitor Joint AccountsAfter reviewing your credit report and refreshing your memory of all of your accounts, the next step is to closely monitor them, especially the joint accounts. During or after the divorce, transferring or closing accounts might not occur as quickly as you hope. During this time, it is important that you monitor those accounts closely and catch any missed payments (even if your ex-spouse has agree to make the payment) before your credit gets damaged. If you can’t access the account statements online it would behoove you to request the lender to send you a copy of the account statement each month.

Be Budget Savvy
During a divorce, many people tend to feel like they are drowning financially, either due to various expenses related to the divorce or from frivolous spending habits as a result of the emotional affect that divorce tends to have. The best thing to do in order to tackle the financial woes associated with divorce is to create, implement and track a post-divorce budget that takes into account your income and all of your expenses. Being budget conscious will help you to not allow your expenses to exceed your income and hopefully leave you with a whole lot less debt.

Be Mindful of Authorized Users on Credit Cards
After reviewing your credit report you will be able to note which accounts your spouse is listed on as an authorized user. Being listed as an authorized user means that the person has permission to use the credit card to rack up charged but that he or she is not responsible for paying the bill. This is different than joint credit in which both parties are responsible for paying. If you notice that your ex-spouse is listed as an authorized user, it might be worth it to give the credit card company a call and remove his or her name to avoid any additional problems.

Although divorces can be extremely emotionally draining and time consuming, it’s crucial to your future that you do not to push your finances to the back burner. Being proactive about managing your credit during your divorce will surely help you post-divorce.
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One of the first things that most people do when they decide to get a divorce is to find, interview and hire a divorce attorney to help them through the divorce process. The relationship that you develop with your divorce attorney is an important one as it will likely continue throughout the entire divorce process and even possibly years down the line. Depending on how well you work with your divorce attorney can have quite a significant impact on the pace of your divorce proceeding and the amount of legal fees you will incur. The best way to ensure that you work well with your divorce attorney is to outline your expectations and understand what your attorney expects from you in return.

What You Should Expect From Your Attorney

After hiring an attorney some things that you should expect from him or her include the following:
1) Your attorney should begin with developing a strategy.
2) Your attorney should explain your options to you and help you decide which route to take.
3) Your attorney should consult with you before making any major actions.
4) Your attorney should return your phone calls and/or emails within a reasonable time frame.

On the other hand, you should not expect your divorce attorney to act as a therapist for your emotional issues relative to the divorce, nor should you expect your divorce attorney to act like the attorneys you see on television or to act unethically to appease your unrealistic or illegal expectations.

Understanding What Your Attorney Expects from You

In order for your divorce attorney to attempt to meet and perhaps even surpass your expectations, it is essential that you also understand what your divorce attorney expects from you in return throughout his or her representation of you.

Shortly after hiring a divorce attorney, he or she will likely ask you to provide and produce a significant amount of information and documentation. When your divorce attorney does so, it is very important that you respond in a quick, concise and complete manner. More importantly, it is vital that you always tell your attorney the truth, even when it might be unpleasant, embarrassing or not in your favor. It’s very important that you maintain a trusting relationship with your attorney if you want to get the best possible representation and avoid backtracking (i.e. more legal fees for you).

In addition, your attorney will expect you to be well prepared and willing to openly listen to his or her advice. And as you likely suspect, your attorney will also expect to be paid in full and on time Continue reading

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My previous blog, “How to Prepare for Your Day in Family Law Court: Part I” I discussed how to mentally prepare for court, what to bring with you to court and what to do when you arrive at court. Part II aims to prepare you for your day in court by helping you becoming oriented with who you will see in court and how the proceeding will occur.

Who You Can Expect to See In Court

As you likely know, from watching a little too much Law and Order perhaps, the judge is the person who presides over the court. However, there are no jury trials in family law in California. In addition to the judge, there are typically three other people in most courtrooms: the bailiff, the court clerk and the court reporter.

The bailiff is a uniformed officer and is usually the first person that you will talk to when you check into the courtroom. The bailiff’s primary job is to maintain order in the courtroom. The bailiff also acts as the middleman in handing documents from the attorneys/parties to the court clerk or to the judge directly.

The court clerk sits near the judge and is in charge of managing the court. Prior to the morning calendar, the court clerk will give the judge all of the case files. Once court is in session, the court clerk will be the one to administer the oath to any witnesses and also serve as a clerical assistant to the judge.

The court reporter is the person who is in charge of recording everything that is said while the court is in session. Following the hearing, you or your attorney may request the court reporter to prepare a transcript, which is a verbatim script of the court proceedings.

Typical Order of Events in Court

Calendar Call: The first thing the judge will do once he takes the bench is to do a calendar call in alphabetical order to determine how many cases are going to be heard and the time estimate for each. Based on this information, the judge can put the cases in the order of his choosing. Once the calendar call is completed, the judge will typically call the cases with the shortest time estimates first.

Statement of Appearances: Once your case is called, both the attorneys and the parties will step forward and take their place at their respective tables (Petitioner on the left of the podium and Respondent on the right of the podium). The attorneys will state their appearances for the record. If you are not represented by legal counsel then you are responsible for stating your own appearance.

Administer Oath: Next, the court clerk will administer the oath to both parties and instruct them to raise their right hands and say “I do”. This means that your testimony will be given under penalty of perjury such that you can be convicted of a crime if you knowingly tell a lie during your testimony.

Determine Resolved and Unresolved Issues:

Before the actual hearing begins, the judge will want to determine which issues, if any, have been settled by agreement and which ones still remain unresolved. The judge will review any written agreements or listen to statements regarding settled issues. The judge will then ask the parties if they understand the agreement and then he/she will typically make a statement accepting the stipulation and confirming that the agreement is a court order. Once this is completed the actual hearing will begin.
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One of the most common questions asked in an initial divorce consultation is “how much will this divorce cost me?” Many prospective clients are surprised when divorce attorneys answer “I have no idea”. The only concrete information a family law attorney can provide clients regarding the cost of their divorce matter is the filing fees imposed by the courts ($435 in 2013). Other than basic hard costs and billing methods, divorce attorneys can provide clients with little information regarding the cost of their divorce at the initial consultation because the overall cost is based on a combination of the following factors.The Client: A family law client has the ability to greatly influence the cost of his or her divorce. If the client needs a lot of counseling or “hand holding” his or her bills will generally be much higher because the clients repeated phone calls and e-mails substantially increase the time an attorney devotes to the case. Considering the fact that a vast majority of family law attorneys charge an hourly billing rate, daily e-mails and phone calls could potentially add up to thousands of dollars per month.

The Opposing Party: Generally the attitude of the opposing party falls into one of a few categories: (1) emotionally stable and ready to move on with his or her life, (2) angry, vindictive, and willing to do anything to “get back at” his or her spouse, (3) hopeful that the parties can reconcile and therefore doing everything possible to delay the divorce process or (4) self-proclaimed victim who is busy feeling sorry for him/herself. If the opposing party wishes to drag out the divorce process, for whatever reason, there are endless methods of doing this. Delay is particularly easy for a non-represented party who does not incur attorney fees by filing countless motions, propounding burdensome discovery, or litigating every small issue.

The Opposing Counsel: Just like repeated communication with the client can increase attorney fees, onerous correspondence from the opposing attorney can greatly increase the cost of a divorce. This is because attorneys generally have a duty to read and respond to all pleadings and correspondence from the other side. Further, family law attorneys generally have a reputation for either working amicably with the other side to reach a mutually beneficial agreement whenever possible or for using their client’s vulnerable state to fuel litigation for their own financial gain. Therefore, the general practice of the opposing attorney will likely minimize or increase the overall cost of divorce.The Judge/Court: Every family law judge in San Diego is different. As such, every judge has a different calendar, schedule, and view of each case. Many of the court calendars are impacted and family law motions go months before being heard.

Number/Complexity of Contested Issues: The number and complexity of the contested issues in a divorce case is a major factor in the overall cost. For example, if the parties were married for 15 years but have no children, no real property, no retirement accounts/savings, and both earn similar incomes there will be few issues to litigate. However, if the parties were married for three years but have two minor children, retirement accounts, own a home and only one spouse works, the parties will have to address property division, custody and visitation, and support issues. The more contested issues that exist, the longer and more expensive the divorce will be. However, if the contested issues are not complex, a simple hearing will generally resolve the disputes and keep costs low.
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Family law is one of the most emotional and sensitive areas of law. Tensions can run high when child custody, visitation, support, and even domestic violence are involved in a divorce in California. The importance of what is at stake in a family law case can sometimes cause litigants to retaliate against their spouses outside of the family law courtroom. Often in family law, one spouse has greater access to financial resources than the other. In order to prevent bullying and harassment in family law when the parties are on unequal financial footing California enacted Family Code § 2030.

Family Code § 2030 states:

“In a proceeding for dissolution of marriage…and in any proceeding subsequent to the entry of a related judgment the Court shall ensure that each party has access to legal representation.”

The goal of Family Code § 2030 is to ensure both parties have equal litigating power in a family law case. This code section dis-incentivizes the party with access to greater financial resources from “burying” the other party with motions or discovery because they will likely be ordered to contribute to the other party’s legal fees based on a “need and ability” analysis. In some cases, three may be one party who has access to significant funds, is an attorney, or works in the legal profession. That party may file lawsuits against his or her spouse in other courts in an attempt to distract or financially drain the other party and avoid Family Code §2030. The question becomes, does the family court have any ability to provide the spouse relief from the unfair tactics employed in other civil courts?

Under Family Code § 2030, the Court has the ability to award attorney fees to one party for expenses incurred in any proceeding related to the prosecution or defense of a divorce case. This has been interpreted by California courts to include civil cases filed against one spouse for the purpose of creating a result in the divorce case. In one California case, Husband filed multiple lawsuits, unrelated to the parties’ divorce, against Wife in a civil court. Wife was forced to spend significant time and funds defending the suits and was unable to properly focus on the parties’ divorce. Wife asked the family court to order Husband to pay the attorney fees she incurred in the civil lawsuits. The family court determined that it had the authority to grant Wife’s request under Family Code § 2030 and ordered Husband to pay her attorney fees.
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Brendan Fraser and Afton Smith married in 1998 and divorced nine years later in 2007. At the time of their divorce, Fraser was ordered to pay Smith approximately $900,000 per year for spousal support and child support for their three children. Now, Fraser claims that he can no longer make the required payments, which, if made on a monthly basis, total $75,000 per month. Fraser has filed a motion in family court seeking a post-judgment modification of child and spousal support.

In San Diego, after a divorce is finalized, family courts generally have the ability to change support orders if facts and circumstances have materially changed since the first orders were made. If the moving party can prove to the court a “material change of circumstances” he or she may be granted a post-judgment modification of support. One of the most common changes of circumstance relied upon by courts is a change in income for one or both parties. If the spouse ordered to pay support has experienced a significant decrease in earnings, the court may lower his or her support obligation.

However, it is important to note that San Diego family courts only have the ability to modify the support order back to the date a motion was filed. If one spouse gets fired and does not file a motion to modify support for a few months, he or she may owe a significant amount of back child and/or spousal support. Regardless of a spouse’s current income, his or her obligation to pay support will not change until a motion is filed with the court. Even in cases where a judge determines that a material change of circumstances exists and that support should be modified going forward, he or she is not required by law to make the order retroactive to the date the motion was filed.

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In July 2012, Us Weekly released photos of Twilight star, Kristen Stewart, and Snow White and the Huntsman director, Rupert Sanders’, cheating scandal. Stewart and Sanders were photographed kissing in a parked car on the side of a secluded road. At the time, Stewart was involved in a serious relationship with teen heartthrob Robert Pattinson, and Sanders was married to British model Liberty Ross. Although Stewart and Pattinson reconciled in September, Ross has recently filed for divorce from her husband of nine years.Ross and Sanders reportedly gave their marriage another shot after news of the cheating scandal broke and even attended marriage counseling. However, Ross was unable to move past her husband’s public infidelity. The former couple has two children, Skyla, age 7, and Tennyson, age 5. In her Petition for Dissolution of Marriage, Ross requested joint custody of the children in addition to spousal support and attorney fees. Sanders filed a Response to the Petition also requesting joint custody but not spousal support. Sanders wants each party to bear the cost of his or her own attorney fees.

Learn more about the divorce process in Del Mar

Ross retained celebrity divorce attorney, Laura Wasser, to represent her in her divorce. Wasser is most famous for her representation of celebrities such as Heidi Klum, Ryan Reynolds, Kim Kardashian, and Britney Spears. According to Los Angeles Times, Wasser’s services will cost Ross $750 per hour. With rates that high, it’s no surprise that she is asking the court to order Sanders to cover Wasser’s fees. As Del Mar divorce attorneys are well aware, California courts have the authority to order one spouse to contribute toward the attorney fees and costs incurred by the other spouse. However, since California is a “no-fault” state, Sanders’ infidelity will be irrelevant to all of the court’s rulings.

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TMZ.com reports that Kris Humphries has filed legal documents in his divorce case appointing himself as his own lawyer. Now certainly Humphries, who also according to TMZ.com, makes $8 million dollars a year with the New Jersey Nets, can afford a lawyer. But what if he couldn’t afford a lawyer? Could he request that Kim Kardashian pay his attorney fees and costs?

When one party has a need for attorney fees and costs, and the other party has an ability to pay (or make a contribution to) those attorney fees and costs, the court may grant an attorney fee request.

A new California Rule of Court governs requests for attorney fees and costs based on financial need as described in FC sections 2030, 2032, 3121, 3557 and 7605.
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The State of Alaska is reforming the way a divorce case proceeds through the court system. The new program named the Early Resolution Project is aimed at resolving divorce cases quickly and efficiently. One distinguishing characteristic of Early Resolution is the emphasis on settlement. Under the program, the Anchorage Superior Court addresses several divorce cases in one afternoon on a biweekly basis. On this afternoon, the parties are give free legal advice and encouraged to reach a mutually beneficial agreement.Superior Court Judge Stephanie Joannides envisioned the program as a result of her experience in the Alaskan family court system. She was concerned because many divorce cases are assigned a court date that is several months after the initial filing. This waiting period caused the parties to become firm in their positions and unwilling to compromise. Judge Joannides proposed to attempt to resolve these divorce cases early in the process and has seen promising results. In the first year, eighty percent of cases settled as a result of Early Resolution.

Besides a quick resolution to the case, the Early Resolution program and others like it offer a number of fringe benefits to the parties. Like any case that settles early in the litigation process, a divorce settlement can save the parties a great amount of money. Litigating a family law case in San Diego involves filing fees, court costs and attorney’s fees. If a case settles early, the parties will not be responsible for any further costs and fees. Another benefit to dispute resolution is the preservation of the relationship between the parties. Litigation has the tendency to ruin the relationship between the parties indefinitely. However, in family law cases involving children, it is crucial for the parents to maintain a co-parenting relationship. Although the California Family Code is often clear, family court judges have an element of unpredictability. The facts of a case may be disputed and therefore the outcome can be uncertain. If parties reach a settlement they are in control of the outcome of the case. In family law cases, the outcome often has life-changing consequences for both parties. In order to have input in the final decision, the parties much reach an agreement.

The San Diego family court system has a program similar to Alaska’s Early Resolution Project. In San Diego, the family court judge will assign the parties a Mandatory Settlement Conference (MSC) date before any case will proceed to trial. Unlike in Alaska, the MSC will occur toward the end of the parties’ case. The MSC will take place at the San Diego Superior Court where the parties have been litigating their case. A settlement conference judge will be assigned to the case. These judges are experienced local family law attorneys who have volunteered their time to help parties resolve their cases before trial. Because they have so much experience with San Diego family law, the settlement judges are able to help the parties predict what the judge will likely do at trial and reach a settlement agreement based on the probable outcome. The benefit to reaching an agreement during the MSC is avoiding trial. The parties are able to avoid the cost, time and emotional toll of a trial.

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As a San Diego Divorce Attorney, when a client remarries, he or she often wonders if their new spouse’s income will impact child support and spousal support. Recently, a client in the midst of a divorce in which status was previously granted (meaning the parties were no longer married) but the issues of spousal support and attorney fees were not yet resolved, who was about to remarry, asked about the impact of new spouse income on the issue of spousal and child support.

Previously, I blogged about the impact of new mate income on child support and spousal support orders. To summarize:

1) For child support, except in “extraordinary cases,” new spouse or non-marital partner income is generally not considered when calculating guideline child support, although the court may inquire into a new spouse’s income for the purpose of seeing how it would impact the remarried party’s tax filing status and tax bracket when calculating guideline child support.

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