Inland Empire Family Law Attorney David L. Wilkirson of Wilkirson & Associates Practice Areas and Legal Definitions

California laws and procedures related to family law are complicated and require a skilled family law attorney to properly navigate through the process. California family lawyer David L. Wilkirson of Wilkirson & Associates stands up for the rights of people facing divorce, legal separation, the complicated procedures of adoption and other related family law issues in Orange County and the Inland Empire. California family lawyer David L. Wilkirson of Wilkirson & Associates delivers personalized attention to clients by keeping case information detailed and accessible and provides family law solutions within the following areas:

Divorce:

California is a “no-fault” divorce state. A "no-fault" divorce is one where the spouse suing for divorce does not have to prove that the other spouse did something wrong. To file for a no-fault divorce, one spouse must simply state a reason recognized by the state. In most states, it's as easy as stating that the couple cannot get along (e.g., "incompatibility," or "irreconcilable differences"). In a California divorce, as in several states, the couple must live apart for a period of time in order to obtain a no-fault divorce. Even in a “no-fault” state, complicated issues can arise such as domestic violence, child abuse accusations and complex disputes over asset division and financial matters. California divorce lawyer David L. Wilkirson has the legal experience and commitment to detail to advise you through every phase of your divorce case.

Child Custody:

No area of family law brings to the courtroom the tension, anxiety, hostility, volatility and raw emotion as child custody and visitation litigation. Rare is the divorce, dissolution or custody determination in which the parties have been able to set aside personal differences to reach the goal of what is best for the children involved. “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 there are far reaching consequences both to you and to the well-being and development of your child. California child custody Attorney David L. Wilkirson is there for you when the most important things in your life – your children – are the focus of your legal needs.

Paternity:

Establishing legal fatherhood and the rights and duties that accompany it is known as paternity. There can be a difference between a biological father and a legal father. When a child is born, the mother’s name automatically appears on the birth certificate. If she is married, her husband is assumed to be the baby’s father. If the parents are not married, it is important for the mother, for the father, and above all for the child, to establish paternity. California paternity lawyer David L. Wilkirson can help make sure that you follow all the steps that are necessary in a paternity issue to protect your (and your child’s) legal rights.

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. The State of California 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. California child support Attorney David L. Wilkirson will apply his knowledge and experience to guide you through the child support process step-by-step.

Spousal Maintenance (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. California alimony lawyer David L. Wilkirson represents both men and women on either side of the issue of spousal maintenance (alimony).

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 a marriage), a pension plan, vehicles, bank accounts, income tax refund 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 it determined to be non-dischargeable by the bankruptcy court or in state court. California divorce Attorney David L. Wilkirson will stand up for your rights and make it his goal to secure the property that you are entitled in your divorce case.

Take Action To Protect Your Rights:

If you or someone close to you in Orange County, Riverside County, San Bernardino County, Los Angeles County, San Diego County, Newport Beach, Irvine, Mission Viejo, Laguna Beach, Huntington Beach or within the surrounding cities and counties of California needs the assistance and trusted legal advice of an experienced family law attorney, contact family lawyer David L. Wilkirson of Wilkirson & Associates today, at 866-688-6959, or use the contact form provided on this site to begin your free consultation and evaluation of your family’s legal needs.

The following information includes frequently asked family law questions. The answers stated are general in nature and are not intended to apply to every family law situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting California family lawyer David L. Wilkirson of Wilkirson & Associates, you can receive a personal consultation regarding your specific family law case.

Do I have to go to court to obtain a divorce?

A court of law is the only way in which one can obtain a divorce decree, dissolution, legal separation, nullity, or other form of terminating a marriage in California. 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 maintenance (alimony), child support, restraining orders, etc.

Can I object to the terms my spouse has requested in our divorce?

Yes, you (along with your attorney) can reject the terms of your spouse’s offer. On receiving an objection to the establishment of a family law attorney's settlement, the California divorce court may at its own discretion determine whether the case involves complex or substantial issues of fact or law related to property rights, visitation, custody or support. If the California divorce court finds that the case involves one or more of these complex or substantial issues, the court may implement a case management plan.

Is a father who never married the mother still required to pay child support? What if the father is not allowed to see the child?

Regardless of marital status, an ‘assumed father’ is any biological father of a child for whom paternity has been established by either the admission of the father or paternal testing. Assumed fathers are required to pay child support. Additionally, a man who never marries a child’s mother, but welcomes the child into his home and supports the child as his own may gain a ‘presumed’ father status, and typically, the presumption of paternity holds the same rights and responsibilities of an assumed father, in regard to parental liability and monetary support.

Every parent has a financial obligation to support their children and child support should never be confused with custodial or visitation rights. There is no state which permits a parent to withhold child support because of disputes over custody or visitation. If a non-custodial parent believes their rightful child visitations are being disrupted, it is recommended to contact an attorney to file a claim against the custodial parent in a court of law, rather than stop making child support payments as a form of retaliation. However, in the event of parental kidnapping, in which the custodial parent completely disappears with the child, any wage garnishments or income attachments as made for child support on behalf of the non-custodial parent would cease. For more information about complicated child custody and visitation issues in California, contact California family law Attorney David L. Wilkirson of Wilkirson & Associates today.

What happens to a father who refuses to pay court ordered child support?

Under the Child Support Enforcement Act of 1984, it is against the law for any father, presumed or assumed, to not pay court ordered child support to the custodial guardian, regardless of joint custody. Federal laws permit the interception of tax refunds to enforce child support orders, and other methods of enforcement include wage attachments, seizure of property, suspension of a business license and possible driver's license revocation. In the event that none of these attempts are entirely successful, the court of law that issued the child support order can hold the father in contempt and, in the absence of a reasonable explanation for the delinquency, impose a jail term.

How are Custody issues decided?

Rare is the divorce, dissolution or custody determination in which the parties have been able to set aside personal differences to reach the goal of what is best for the children involved. Most parents pay lip service to this ideal, but often cannot reach it in actuality. Most often a judge will take great pains to get parents themselves to come to a mutually acceptable custody agreement if that is possible. A decision made by a stranger is rarely completely acceptable to all if the attempt has not been made in earnest. The family court systems of the states usually have several layers of counseling, mediation and conciliation to attempt to bring warring parents together for the purpose of resolving the issue of what it is in the best interests of their children.

What about visitation?

Generally, a court will grant reasonable visitation rights to a parent unless it is shown that the visitation will be detrimental to the best interests of the child. A non-parent can in the discretion of the court also be granted visitation rights if they have an interest in the welfare of the child—this is generally divided into the area of grandparents, step-parents and other non-parents. It should be noted, however, that this is discretionary. California child custody and visitation lawyer David L. Wilkirson of Wilkirson & Associates will guide you through this complicated process.

Take Action To Protect Your Rights:

If you or someone close to you in Riverside County and San Bernardino County needs the assistance and trusted legal advice of an experienced family law attorney, contact family lawyer David L. Wilkirson of Wilkirson & Associates today, at 866-688-6959, or use the contact form provided on this site to begin your free consultation and evaluation of your family’s legal needs.

Inland Empire family Attorney David L. Wilkirson of Wilkirson & Associates assists clients with divorce, child support, adoption and other family law cases within the courts Riverside County and San Bernardino County.

Firm Contact Information:

Address:
Wilkirson & Associates
5120 Campus Drive
Newport Beach, California 92660

Phone: 866-688-6959

Hours:9:00AM-5:00PM, Monday-Friday
Evening Hours and Weekend appointments are available upon request.

Your initial consultation on family law matters is FREE.

Family Lawyer David L. Wilkirson Gives You His Background:

“Prior to practicing law, I was a police officer in Orange County for twelve (12) years having retired from the Orange County Marshal's with an Advanced P.O.S.T. Certificate. I have been a member of several different Bar associations over the years (Orange County, Orange County Trial Lawyers Association, California Trial Lawyers Association, aka Consumers Attorneys of California), and I have litigated cases in California, Arizona, Nevada, Kansas and Utah. At the request of the Orange County Superior Court Judiciary, I have served as a Temporary Judge (Judge Pro Tem) since 1979.

“I have also been a 'mentor' to other attorneys belonging to the OCBA on domestic and other issues involving other areas of the law, such as criminal, personal injury, etc. I have authored several articles on environmental issues published in the Orange County Employee Magazine, and I have lectured on various areas of the law (drug laws, tax law, arrest law) to the Orange County Marshal’s Office sworn personnel and staff. Also, I have conducted tours of the law library to court staff to educate them on the various formats and styles in which the law is expressed and maintained.

“Around 1980 I appeared as an advocate for the father on the 20/20 television news hour regarding divorce, custody matters and 'father's rights.' The matter was filmed in the courtroom of Judge Sheila Sonnenshine (later Justice Sonnenshine) of the Orange County Superior Court.”

David L. Wilkirson, Attorney Profile:

1974 to present

Private practice for over 30 years serving clients in:

• Family Law, Criminal, Personal Injury, Probate, Workers' Compensation
• Board of Directors Broadway Place HOA
• Temporary Judge from 1979 to present in West and Central Superior Courts

Take Action To Protect Your Rights:

If you or someone close to you in Riverside County and San Bernardino County needs the assistance and trusted legal advice of an experienced family law attorney, contact family lawyer David L. Wilkirson of Wilkirson & Associates today, at 866-688-6959, or use the contact form provided on this site to begin your free consultation and evaluation of your family’s legal needs.