Recent Blog Posts in February 2010

The San Bernardino County Child Support Services was successful yet again in its child support collection efforts.

Until two years ago, the department saw a decline in the amount of support it collected. But now, despite the poor economy and the growing unemployment rate, the county was able to recover $151 million in child support last year. The previous year the county collected $153 million in support.

The county used a variety of collection techniques to recover the money, including intercepting tax refunds and stimulus checks, taking a portion of disability and unemployment benefits, and seeking real estate liens.

While the county is obviously pleased with its collection efforts, there is some concern that the job market will continue to affect parents’ ability to continue making payments. Following a job loss or layoff, a person ordered to pay child support may not be able to afford the payments. Instead of asking the courts for help, some people try to hide from the system.

Connie Brunn, director of the San Bernardino County Department of Child Support Services, urges parents who can no longer afford their child support obligations to come forward and ask for help. If the payments are too high, parents can request a modification to have the payment amount lowered. Many judges understand that people are struggling financially, and are willing to help those who show they genuinely cannot afford to make their current payments. When people try to hide or avoid their child support obligations, not only will they end up paying more  in the end due to a 10% interest rate, but the county is going to come after them.

The Arizona House recently passed a bill that gives preference to married couples over single parents in regards to state-sponsored adoptions.

Under the state’s current adoption laws, any adult resident, regardless of his or her marital status, is eligible to adopt a child. But under the terms of the new bill, sponsored by Rep. Warde Nichols (R-Gilbert), married couples would be given primary consideration for adoption. Single parents would still be allowed to adopt, but under the limited circumstances. The following circumstances would give single parents preference over a married couple:

• If the child is related to the adult
• If the child already has a pre-existing relationship with the adult
• If the child would otherwise be placed in extended placement or foster care
• If the judge determines that it's in the child’s best interest to live with the adult

The bill does not change the requirement for an investigation to determine whether the adoptive parents or parent are suitable for raising the child. Some the things adoption officials will look into include each person’s financial situation, moral character, physical and mental health, religious background, and previous dealings with children.

Supporters of the bill say that homes in which both a mother and a father are present are much better for a child, while opponents argue that single parents are just as capable of providing a loving and stable home. Opponents also argue that putting restrictions on single-parent adoptions could result in fewer adoptions overall.

The bill now moves to the state Senate. 

An Ohio woman has been charged with domestic violence after being accused of assaulting a woman in her home. According to the Springfield Police Division, Judith Lippott threw coffee on the victim and then pushed her to the floor.

This case is interesting for two reasons:

1. It’s not very often that you hear of woman-on-woman domestic violence cases. It's usually a man abusing a woman, or a woman abusing a child. But rarely is it a woman abusing another woman.
2. Most domestic violence cases center around people in the same family or in a sexual relationship. It’s not often that you hear of domestic violence against roommates, but the very definition of domestic violence includes abuse committed against any member of the same household, regardless of their relationship to the offender.

This case also proves that domestic violence can affect anyone and be perpetrated by anyone. It’s proof that domestic violence is not just a male-dominated crime or a crime committed between quarreling lovers, but that women are just as capable of inflicting violence and that violence can be inflicted against other people besides family members.

If you or someone you know is the victim of domestic violence, it’s important to ask for help. Many people do not step forward and seek help, either due to embarrassment, shame, or the simple fact they don’t want to instigate trouble. If you are being abused, you deserve better. At the Law Offices of Michael R. Young, a Riverside domestic violence attorney can help you put an end to the violence and seek the protection you need by filing for a restraining order or an order of protection. For more information about our services, please contact the office by calling (866) 902-5290.

There’s been a development in the paternity case involving superstar Beyoncé’s father. Last week we blogged about how Matthew Knowles’ alleged mistress asked him to take a DNA test, which he agreed to do. This week a judge ordered Knowles to begin paying the woman, Alexsandra Wright, $8,200 a month in child support, retroactive to February 1 ^st. Knowles must also pay 100% of Wright’s uninsured medical bills. The total for January was $20,750.

The judge’s decision comes despite the fact that Knowles was scheduled to take a DNA test on March 1. If the test proves Knowles is the father, long-term child support arrangements will need to be made.

Many people are speculating the judge’s decision is a sign that Knowles is indeed the father of the child, a boy named Nixon. What’s also interesting is that Knowles gave Wright $10,000 in January for medical expenses and other baby related costs.

Is Knowles the father? Nothing is certian, but it seems to appear that way.

If you are involved in a paternity or child support dispute, an attorney at the Law Offices of Michael R. Young can help. For more information about our services, please contact a Riverside family law attorney at the office today!

Two women who married in Massachusetts but later relocated to Texas will not be allowed to divorce in Texas, in large part due to the efforts of Attorney General Greg Abbott.

Because Texas does not recognize or legalize same-sex marriage, Abbot says the state does not have legal authority to grant a divorce, and that doing so is a violation of the state’s constitution.

State District Judge Scott Jenkins granted the couple a divorce, but Abbott filed a petition denouncing such action. He claims a divorce judgment contradicts the Texas constitution, which bars gay and lesbian marriages. He feels intervening with the couple’s divorce is necessary in order to defend the constitution.

This case poses a serious question to gay and lesbian couples who get married in states that have legalized same-sex marriage, such as Massachusetts, but then move to states that do not recognize gay and lesbian marriage. If you have found yourself in a similar situation and you are currently living in California, you should speak with an attorney at the Law Offices of Michael R. Young about your legal options. Although California does not recognize same-sex marriage, we can make sure important issues are properly addressed, such as child custody, child support, alimony, and property division.

To arrange a consultation with an experienced Riverside family law attorney, please  contact the office today by calling (866) 902-5290!

Members of an Indiana house panel approved a measure that requires casinos in all areas of the state to check a database of people who owe back child support before cashing out a patron’s winnings. If a patron wins money at the casino and their name comes up in the database, the casino must refuse to pay out the winnings.

The Public Policy Committee approved the measure 10-0, however, several committee members expressed concern that the state was brushing off its responsibilities and mixing up its priorities.

One lawmaker said that although she likes that the bill favors single working parents, she fears the government is essentially passing off its responsibility to collect child support to private casinos.

Several amendments were made to the original bill, including one amendment that rewards the casinos for their efforts. After the Indiana Casino Association complained the bill would create headaches for the payout desk, lawmakers amended the bill to increase the amount casinos can charge for the processing fee. Instead of a flat $15 fee the casinos can charge 3% of the total child support owed or $100, whichever is less.

The bill now moves to the full house for a vote.

Things are getting ugly between a divorced couple in Chicago fighting over what religion to raise their daughter in.

Rebecca Reyes served her ex-husband, Joseph Reyes, with a temporary restraining order after Joseph sent a picture of their daughter’s baptism at a Catholic church. Jonathan claims he was just trying to show that their daughter enjoyed the occasion, but says his wife is taking it as malicious.

Rebecca is claiming Jonathan agreed to raise the girl in the Jewish religion, and Jonathan himself even converted to Judaism during their marriage. But Jonathan claims he never signed anything or agreed to raise his daughter solely in the Jewish faith. He also claims that during their marriage they never kept a kosher home, rarely observed the Sabbath, and only went to Jewish services a few times.  

Jonathan says the issue is more about his ex-wife being in control than the fact he took their daughter to church.

A judge agreed to grant the restraining order, which prohibits Jonathan from taking the girl to church. After TV crews captured footage of Jonathan taking the girl to church again, Rebecca filed a contempt of court against Jonathan.

Jonathan and his attorney appeared at an arraignment and requested the case be transferred to a different judge. The request was granted.

If Jonathan is found in contempt of court he could be sentenced to six months in jail and a $500 fine.

Things have been contentious between Jonathan and Rebecca for a while. After separating in 2008, Jonathan allegedly didn’t see his daughter for 7 months until he finally took Rebecca to court. Today, Rebecca has sole custody, while Jonathan has visitation scheduled for every other weekend and Thursday nights.

There is no way to tell whether someone is abusive or violent while behind the comfort of closed doors. People you think would never hit a woman, harm a child, or manipulate a loved one are usually very good at masking their true colors. In front of others, these people often come off fun, outgoing, and very friendly. Little do you know they actually turn into monsters as soon as they come home at night. 

While there is no way to tell for certain whether someone is abusive, the following signs may indicate there's a potential for violence or abuse:

• They have a quick temper and tend to overreact about little things
• They often use force, violence or harsh words to solve their problems
• They are cruel to animals
• The punch walls or hit things when they are upset
• They abuse drugs and/or alcohol
• The tend to get jealous very easily
• They tend to be overly controlling
• They are very demanding and hold high expectations over their loved ones
• They are very forceful
• They have two distinct personalities. Sometimes they are super friend, other times they are so mean and angry it’s frightening
• They often talk about “getting even”
• They grew up in a family affected by domestic violence
• People act afraid when they become angry
• People avoid making the person mad at all costs
• People are always trying to placate the person
• They have access to guns or weapons

If you notice these signs or this type of behavior, do not rush out and accuse the person of domestic violence. Instead, reach out to the person and ask if they are okay and if everything is alright at home. It’s very likely that if the person is abusive they will not admit to it, and unfortunately there is nothing you can do about it. But if for some reason the opportunity arises where you do learn violence is occurring in the home, there are ways you can help.

Michael R. Young is a  Riverside domestic violence lawyer who has years of experience helping victims of violence and abuse. If you suspect a friend or loved one is being abused, Mr. Young can provide you with information and resources you can pass on, such as therapists your friend can talk to or how a victim can file for a restraining order.

Matthew Knowles, the father of Grammy-winning superstar Beyoncé, is at the center of a paternity dispute after a woman stepped forward claiming he is the father of her newborn son.

Alexsandra Wright is claiming she got pregnant during her 18-month affair with Knowles, and that he is the father of the baby boy she gave birth to last week. Wright is now asking Knowles to submit to a paternity test. And while Knowles is denying his parentage of the boy, he said he would certainly take a DAN test to put the question to rest.

A court date has been scheduled, although the exact date has not been released. If the DNA test indicates Knowles is the boy’s father, Wright plans to ask for child support. For now, Knowles refuses to pay any support because he does not believe the child is his.

Knowles was recently in the headlines after his wife Tina, Beyoncé’s mother, filed for divorce after 29 years of marriage.

Riverside family law attorney Michael R. Young has ample experience handing paternity disputes, and can help you initiate a paternity action. Whether you are a woman wishing to know if a man fathered your child, or you are a man trying to determine your relationship to a child, Mr. Young has the experience and resources to help.

If you are interested in learning more about establishing or disestablishing paternity, please contact the Law Office of Michael  R. Young today to set up a consultation to discuss your case.

One of the best things about marriage is the rights and benefits awarded to each spouse by the state. Under California law, every couple that enters into marriage will be awarded the following:

Rights:

• The right to joint financing
• The right to file joint taxes
• The right to coverage under your spouse’s health insurance plan
• The right to your spouse’s government benefits
• The right to your spouse’s employment benefits
• The right to be your spouse’s conservator
• The right to durable power of attorney
• The right to visit your spouse in the hospital
• The right to live with your spouse in a senior living facility

Benefits:

• Eligible for tax exemptions and deductions
• Creating marital estates
• Creating marital trusts
• Spousal inheritance
• Joint financial planning
• Easier adoption eligibility
• Citizenship
• Reduced quotes on insurance
• Family discounts

These are just some of the rights and benefits you are eligible to receive once you get married. If you have any questions about your rights under the matrimonial laws in California, please take a moment to consult  Riverside family law attorney Michael R. Young. Mr. Young has been practicing family law for years, and is available to meet with you and your spouse to discuss your legal rights and benefits and how they can be applied in your daily life.

Contact the Law Office of Michael R. Young today by calling (866) 902-5290, or you can click here to fill out a free case evaluation.

Here’s an interesting story out of Utah:

The Utah Supreme Court recently ruled that a divorceé has the right to sue her ex-husband for financial reimbursement after she financially supported him through college in exchange for a higher standard of living.

The case that was brought to the high court’s attention involves Gloria and Dallen Ashby, who married in 1997. Gloria claims she gave up a lucrative business opportunity in Utah when she agreed to move to St. Louis with her husband while he attended medical school. Gloria’s job as an interior designer was the couple’s main source of income while Dallen was in medical school. Gloria said she agreed to this arrangement because Dallen promised to support her with the high income he expected to earn with his medical degree.

When the couple divorced a year later, Dallen was a first-year intern, obviously not making the same level of income he will make as an established doctor. Because Gloria was not able to enjoy Dallen’s income as a doctor, she claims he breached his promise to support her. 

The court sided with Gloria, saying the breach was valid and enforceable.

What does this mean for the rest of Utah? It means that any time a person supports their spouse as he or she goes through school, that person has the right to sue their spouse for any money they invested into their spouse during the marriage, but only if they did not have a chance to benefit from the income the spouse earned with his or her degree or education. This money is considered separate from the money awarded for alimony.

If you have found yourself in a similar situation to the Ashby’s, Riverside divorce attorney Michael R. Young can help you try to get back the money you invested into your spouse's education. Interested in learning more? Contact the Law Office of Michael R. Young today to arrange a consultation.

The rumor around Los Angeles is that America’s most famous bachelor is getting a divorce.

Hugh Hefner, the founder of Playboy Magazine, is allegedly divorcing his second wife Kimberly Conrad. Most people didn’t even know Hefner was still married, which is why the divorce comes a surprise. He and Conrad have been separated for 11 years.

Hefner and Conrad were married in 1989, had two children together, and then split in 1998. Conrad and the couple’s now teenage sons have been living in the house Hefner owned next to the Playboy Mansion. However, their otherwise cordial relationship became strained when Hefner sold the house.

The divorce is expected to be finalized in March. It’s not clear how issues such as child custody, visitation , spousal support, or child support will be settled, or if Conrad and Hefner will continue to operate the same way they did when they were separated. It is also unclear whether or not Conrad signed a prenuptial agreement and how that will affect the divorce settlement.

Ambassadors from the U.S. and several other countries are urging Japan to reconsider their current child custody laws and sign a global treaty on international child abductions.

Under Japan’s current laws, only one parent is awarded custody in a divorce, virtually cutting the other parent out of the child’s life until the child reaches adulthood. The U.S. and ambassadors from Australia, Canada, Britain, France, New Zealand, and Spain are asking the Japanese to allow foreign parents to visit their children when their children are brought to Japan from the their native country.

The issue garnered national attention last year when Christopher Savoie flew to Japan to get his two children back after his ex-wife took them from their home in Tennessee and brought them to her native Japan, despite a U.S. court order prohibiting such action. While Savoie was in Japan he was arrested for trying to take his children back to America. Why? Because Japan does not recognize U.S. child custody orders, and in their eyes the mother is the Savoie children’s rightful guardian.  

The ambassadors are now asking Japanese Foreign Minister Katsuya Okada to discuss the issue and sign the Hague Convention on International Child Abduction.  According to an article from the Associated Press, the Japanese foreign ministry is working towards a resolution.

If you are involved in a  child custody dispute, whether it be a domestic dispute or an international dispute, Riverside child law attorney Michael R. Young can help. Mr. Young has experience representing both parties in a custody dispute, and can ensure your rights and best interests are protected. To learn more, contact the Law Office of Michael R. Young today by calling (866) 902-5290.

When a couple decides to file for divorce their divorce will either be settled through mediation or litigation.

Mediation is by far the more prefered option when trying to settle a divorce. During mediation, a couple meets with a neutral mediator who assists the couple in reaching decisions in regards to such issues as child custody & visitation, child support, spousal support, property division, etc. Mediation tends to be help foster communication between the parties which helps the parties settle their divorce more efficiently, saving both parties time, money, and the headache associated with litigation.

If the parties cannot resolve their divorce through mediation, or if the parties choose to bypass mediation all together, their case will be sent to court where it will be battled out through litigation. Because it takes much longer to settle a divorce through litigation, it can be very costly for both parties. Sometimes it can take the attorneys months to reach an agreement both parties are satisfied with, and when you take into account the amount of issues that need to be resolved during a divorce, you will understand why litigation can take so long. Litigation is also much more stressful and emotionally and mentally exhausting than mediation.

If you are interested in learning more about divorce mediation or litigation, Riverside divorce lawyer Michael R. Young is available to discuss your case. Contact the Law Office of Michael R. Young today by filling out a free case evaluation or by simply calling the office at (866) 902-5290.

Perhaps it’s the high divorce rate, perhaps it’s nothing more than a lifestyle choice, but more and more people in today’s society are electing not to get married. That doesn’t mean people aren’t involved in committed, long-term, and loving relationships. They are just choosing not to get married.

If you are invested in a long-term and committed relationship, but simply do not wish to get married, there are ways you can still protect yourself in the event that you and your partner decide to split up. Because the law does not protect non-married couples the way it protects married couples, it’s important to be proactive and make sure you protect yourself, especially if you and your partner share property or have children together. 

The best way to protect yourself is by drafting a cohabitation agreement or by registering as domestic partners. A cohabitation agreement is a good options for people who live together, but do not want to get married. Through this agreement you can define property rights and the rights and responsibilities of each party in the relationship. You can also address issues pertaining to child custody & visitation and child support.

Another alternative to marriage is a domestic partnership, however, not all couples will qualify. Domestic partnership is only open to same-sex couples or heterosexual couples in which one of the parties is at least 62 years old. Registering as domestic partners will entitle each party in the relationship to the many of the same rights and benefits bestowed to married couples.

If you are interested in learning more about domestic partnerships or cohabitation agreements, Riverside family law attorney Michael R. Young would be happy to discuss these topics with you in more detail. To arrange a consultation, please contact the office today by calling (866) 902-5290.

It seems as if every day a new study or report comes out about the U.S. divorce rate and reasons why people are or are not filing for divorce.

A new study by economists Betsey Stevenson and Adam Isen from the Wharton School at the University of Pennsylvania is now suggesting that people who didn’t finish college are more likely to get divorced. Interestingly enough, people who stopped their education after high school were more likely to stay married than those who started college but never finished.

Stevenson and Isen suggest that the reason people with only some college are more likely to get divorced is because they simply lacked the stamina or resources to finish their education, or because problems may have come up in their personal lives.

At the Law Office of Michael R. Young, we believe that a person’s education has nothing to do with the success or failure of their marriage, and understand that sometimes circumstances occur in life that take a heavy toll on a marriage. People drop out of college for a number of reasons: sometimes the need to work full-time in order to make money takes precedence over schooling, other times a person might suffer an injury that keeps them from getting to class, and sometimes a family emergency comes up that requires a person to leave school for a while. At our firm, we don’t feel people compromise their chances of a long and happy marriage when they drop out of school. We also never judge our clients or the choices they’ve made. We respect each and every client that walks through our doors and are committed to helping them achieve their legal objectives.

Riverside divorce lawyer Michael R. Young provides dedicated and experienced divorce and family law services to clients throughout Riverside, Temecula, and San Bernardino. To learn more about our services, contact the Law Office of Michael R. Young today to schedule a consultation.

Two-time presidential candidate John Edwards and his wife Elizabeth Edwards have filed for legal separation.

The separation doesn’t really come as a shock, considering John’s affair with videographer Rielle Hunter made national headlines, as did a controversy involving John’s paternity of Hunter’s daughter. In addition, John’s longtime and now former aide Andrew Young is set to release a book in which he claims John asked him to lie about fathering a child with Hunter, as well as the great lengths John went to to hide the affair.

John publically admitted he was the father of Hunter’s daughter last month.

Despite any negative feelings she might feel towards her husband, Elizabeth says she will not discuss or comment on the affair, and said the contents from the parts of Young’s book that she has seen are false and exaggerated.

John hasn’t made any public statements about his separation from Elizabeth. He recently went to Haiti to assist with earthquake relief efforts.

The Edwards lived together in North Carolina. Unlike California, North Carolina divorce laws state that before a couple can file for divorce they must legally separate for at least 12 months.  It is expected that after twelve months have passed, the Edwards will file for divorce.

If you are searching for an experienced and dedicated divorce attorney in Riverside, please contact the Law Office of Michael R. Young today by calling (866) 902-5290.