Practice Areas and Legal Definitions

Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage.  Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc. 

Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided.  Marital property can include real estate (including a home bought in contemplation of marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings.  However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate.  If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse.  Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court. 

Prenuptial Agreements:
A prenuptial, or premarital agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married.  This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage.  Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death. 

A factor that cannot be stipulated in a prenuptial agreement is child support.  A couple cannot lawfully agree in a prenuptial agreement that either part will in no way be responsible for child support.  Also, a few states do not allow prenuptial agreements to modify or eliminate the right of a spouse to receive court-ordered alimony at divorce, although a prenuptial agreement can facilitate in the degree of compensation. 

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare.  Custody usually refers to a combination of physical custody and legal custody.  Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children.  If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development. 

Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts.  When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself.  When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent. 

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent.  Each state has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to.  The court may allow deductions for items such as catastrophic medical expenses and travel expenses for visitation. 

Jurisdictional Issues:
When faced with a relocating custodial parent, the court will general require that parent to give the other parent a minimum amount of notice prior to the anticipated move.  This notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child. 

These so-called move away cases have gone back and forth on allowing and disallowing a move by the custodial parent with the minor children for over 20 years.  While the best interests of the child have always been central to the decision, the uncertainty has made this area murky.  Prior to the Uniform Child Custody Jurisdiction and Enforcement Act, when parents sought an advantage in a custody tug-of-war, they would move to a "friendly" jurisdiction (that is, a region with a history of rulings favorable to their position). However, after the UCCJA was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state, and this custody battle tactic lost favor.

Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments.  Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support.  Alimony differs from child support because it is at the discretion of the judge.  Child support is usually determined by state-sanctioned guidelines. 

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

Adoption:
Adoption is the legal process by which a person becomes a lawful member of a family different from their birth family.  Once a final order of adoption has been ruled by a court of law, the adoptive parents gain the same rights and responsibilities as parents whose children are born to them; subsequently, an adopted child gains the same rights as birth children in regard to inheritance, child support and other legal matters.  In most U.S. jurisdictions, at the time the adoption is finalized, the adopted child's name is legally changed and the court orders the issuance of a new, amended birth certificate. 

If you or a loved one is involved in a divorce or child custody case and you need the help of an experienced Inland Empire family attorney, call Bender & Associates today at 951-296-9554, or complete the contact form provided on this site to schedule your free initial consultation.

Professional Profile

For over 15 years the mission of Michael Bender and Bender & Associates has been to provide their clients thorough and effective representation to protect their rights and interests in negotiating family and domestic law matters; resolve matters in the least litigious and most cost-effective manner when possible; and take an aggressive, yet professional stand as their clients' advocate when litigation becomes inevitable.

If you or a loved one is involved in a divorce or child custody case and you need the help of an experienced Inland Empire family attorney, call Michael Bender today at 951-296-9554, or complete the contact form provided on this site to schedule your free initial consultation.

FIRM ADDRESS:
Bender & Associates, A Law Corporation
28465 Old Town Front Street, Suite 324
Temecula, CA. 92590
Telephone: 951-296-9554
Hours: M-F, 8:00AM-5:00PM
Free Initial Consultation.
Evening and weekend appointments available.

MEMBERS OF THE FIRM:

• Martin Bender
• Michael Bender

Martin Bender
Martin Bender was admitted to the State of California Bar in 1980. In 1989, he opened his practice after 20 years of service in the United States Marine Corps. Prior to receiving his J.D. from Western State University in 1979, Mr. Bender attended Rochester Institute of Technology receiving a B.S. in 1967. He attended Michigan State University receiving his M.A. in 1969. Mr. Bender is a member of the Orange County Family Law Section of the Orange County Bar Association, an OCBA Mandatory Fee Arbitrator, a member of the South Orange County Chamber of Commerce and a past president of the Mission Viejo Chamber of Commerce.

Michael Bender
Michael E. Bender was admitted to the State Bar of California in 2004. He received his Juris Doctor from Western State University College of Law in 2004 where he served as Justice of the Burger Chapter of the Phi Alpha Delta Law Fraternity. Prior to law school, Michael received his B.A. in Economics from Virginia Tech in 1999. Michael is a member of the Riverside County Bar Association and the Southwest Riverside County Bar Association and has experience in the Riverside, Orange, San Diego, San Bernardino and Los Angeles County courts. As a family law attorney, Michael has represented clients in divorce, paternity, child custody/visitation, child and spousal support, domestic violence, adoptions and guardianship matters.