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 Staley Jobson has comprehensive experience in all areas of family law, including:
Child Custody In most cases, parents will share "legal custody" of their children. Legal custody means that the parents jointly make all major child-related decisions (those issues pertaining to the health, safety, welfare and education of the children). "Physical custody" varies case to case and ranges from "sole" physical custody, i.e. a child resides with one parent only, or it can be "joint" with the child having frequent and continuing contact with both parents. In the majority of cases, parents share physical custody. Creating a shared custody schedule that both parents find acceptable is often the most challenging aspect of child custody disputes. In the event the parties are unable to reach a custody agreement, the parties are required by state law to mediate their disputes with county funded "Family Dispute Resolution Services" (FDRS). In more complex cases, the parties may choose or FDRS may recommend, that the parties participate in a custodial evaluation. Custodial evaluations are performed by highly specialized, licensed psychologists who create a detailed report on a family's history and dynamic. Once a report is completed, the custody evaluator will make a recommendation to the court regarding his or her opinion with which parent the child shall primarily reside. Following receipt of the report, if a party disputes the evaluator's recommendations a custody trial may ensue.
Child SupportUnder California law, both parents have an obligation to contribute to the support of their children. This obligation continues until: (1) the child's death: (2) the child's emancipation; or (3) the child's 18th birthday or to his 19th birthday if the child has not yet graduated from high school and is attending school full time. Unlike some other states, in California, a parent has no legal obligation to contribute to his or her child's support during college years. Despite common practice, child support is more than just plugging numbers into a computer. A detailed analysis of each individual's income and potential income sources is usually necessary and prudent. Staley Jobson negotiates child support orders for both paying parents and recipient parents. The goal of the child support negotiations is to calculate a fair and reasonable figure that comports with statutory requirements. When parents are unable to agree on a support figure, it becomes necessary to litigate the matter. Occasionally, a parent is not working to his or her ability or a parent is believed to be hiding income. In those cases, Staley Jobson works with a team of consultants, including vocational evaluators and forensic accountants so that a fair and just child support order is made.
Spousal Support Spousal support is an equitable (fairness) tool used by the courts to achieve certain social goals and to bring a sense of "fairness" to a person who has no ability to support himself or herself. There is a common misconception that spousal support is determined by a computer program and is limited to one-half the length of the marriage. In reality, California courts have great latitude in determining, on a case by case basis, the proper level of spousal support for long term marriage (generally those marriages lasting over ten years). To ensure that the court sets support at its proper and fair level, the divorce attorney must present to the court a clear and cohesive analysis of all relevant statutory factors, which usually includes a professional presentation of the parties' marital standard of living, employment histories, needs of each party, the ability of one party to pay and the ability of another party to be self-supporting. Staley Jobson attorneys work with its team of professional consultants to ensure that spousal support is fairly negotiated; and in the event settlement is not possible, our experienced consultants, including accountants, financial planners and financial analysts, testify on such matters as the parties' historic standard of living, reasonable rates of return, and reasonable needs of the parties.
Businesses Division of a community owned business can be the most complicated issue in a divorce. The primary issues include determining which party should be awarded the business, use of the proper valuation method, recognizing the tax consequences and liabilities to each party and structuring a settlement that allows a party to buy-out the other's interest in the business with minimal impact on operations. Our firm and its consultants provide the extensive legal and business knowledge that are necessary to negotiate and litigate division of the community business.
Stock options Stock options have been an integral part of employee compensation during the past decade. As such, determining each party's interest in stock options at divorce has become increasingly important in family law litigation. Staley Jobson and their consultants will provide advice concerning the valuation and division of stock options.
Pensions Retirement benefits are often one of the most valuable assets a married couple accumulates. Staley Jobson and their consultants provide advice concerning the appropriate valuation and division of retirement plans.
Prenuptial Agreements It is not unusual for couples planning to marry to enter into premarital agreements. By entering into a premarital agreement the parties can define their own financial relationship, rather than relying on the "default" laws of the state. Often people who marry in midlife and who have previously been married and divorced wish to preserve their premarital assets for their children or other heirs. In other cases, people discuss financial issues and reach agreements prior to marriage to avoid disagreements on those subjects during marriage and, should the marriage end in divorce, to reduce the conflict incident to divorce. Whatever the purpose of the agreement, we can provide the knowledge, skill and experience to assist our clients in crafting premarital agreements that meet their needs.
Family Law Mediation Mediation differs from all other forms of dispute resolution because the parties will resolve the various issues themselves with the assistance of a neutral person. Attorney Bruce Jobson is a matrimonial attorney; however, a portion of his practice is devoted to acting as a "professional neutral" in the mediation of matrimonial matters. As a mediator, Mr. Jobson's role is to educate the parties on the law, help the parties to develop the applicable facts, help the parties to apply the law to the facts, inform the parties of what a Court may do under your facts and present the parties with other alternatives that may better fit their circumstances.
Domestic Partnership With the passage of California Assembly Bill 205 (effective 1/1/05), registered domestic partners in California enjoy approximately 1,000 of the same rights and responsibilities as married persons. While the California family code purports to grant registered domestic partners the same rights and responsibilities as are granted and imposed upon former spouses, there remain great differences in the legal treatment of registered domestic partners versus their married counterparts. Formation or termination of a registered domestic partnership requires an understanding of complex tax rules, property, retirement, health insurance and support laws that likely impact domestic partners much differently than married persons.
Staley Jobson is located in the San Francisco East Bay Area serving the cities of Pleasanton, Dublin, Livermore, San Ramon, Danville, Walnut Creek, Castro Valley, Hayward, Fremont, San Leandro, Oakland, Stockton and Modesto.
We can be reached by phone at (925) 463-0750
or via email at . |
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