The San Diego, California Family Lawyers of Yelman & Associates

Yelman & Associates serves a diverse array of clients who depend on experience, reputation and a steady hand to protect their rights and guide them though complex and often heart-wrenching legal issues. The Firm equally represents men and women on either side of the issues of divorce, spousal maintenance (alimony), child custody and other family law matters throughout California and guides its clients on issues within the areas of:

• Child Custody
• Child Support
• Jurisdictional Issues
• Spousal Support (Alimony)
• Child Visitation
• Divorce
• Property and Debt Division (including High Asset cases)
• Prenuptial Agreements

"Many of our prospective clients have needlessly suffered from anxiety, fear, embarrassment and other emotional difficulty because of their family law problems. The causes are generally (1) Fear of the unknown (of their rights in a dissolution action), (2) Concern over protecting their relationship with their children and causing as little turmoil as possible and (3) Concern about finances; i.e., where will the money come from or how much money will they have to pay."

- Yelman & Associates

Child support covers everything a child needs, and even more during the growth and formative years. A parent's first and principal obligation is to support his/her minor children according to the parent's circumstances and station in life. Children should share in the standard of living of both parents, thus the amount of a child support award is more than a question of bare necessities. Where the supporting parent enjoys a lifestyle that exceeds the custodial parent's living standard, child support must to some degree reflect that more opulent lifestyle.

If you or a loved one is involved in a divorce or child custody case in San Diego or the surrounding areas of California, and you need the help of an experienced family law attorney, call Yelman & Associates today at 866-631-9245, or complete the contact form provided on this site to schedule your free consultation.

Yelman & Associates
Practice Areas and Legal Definitions

California 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.

California 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/her child support obligation by making set payments, whereas the custodial parent meets his/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. 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 Jurisdictional Issues:

When faced with a relocating custodial parent, the court will generally 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. Assistance of counsel is highly recommended if there exists disagreement between the parents. Issues involving two or more states are governed by the Uniform Child Custody Jurisdiction Act (UCCJA) and the Federal Parental Kidnapping Prevention Act (PKPA).

California 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.

California Child Visitation:

The right of a non-custodial parent to visit or spend time with his/her children is a crucial legal arrangement. The term "child visitation" refers to the time when the non-custodial parent has the right to be with the child. Child visitation can take a variety of forms or schedules. Some common arrangements include the following:

• Alternate weekend visitation with non-custodial parent, including three-day holidays
• Mid-week visitation with non-custodial parent
• Sharing child during periods of school recess: winter, spring and summer
• New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years
• Mother's Day with Mother, Father's Day with Father
• Alternate years on child's birthday
• Open telephone contact by parent who does not have actual physical custody of child
• Exchange a few days of visitation as mutually agreed without the change or modification of a court order.

California 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. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues intertwined in the existing marriage that include but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc. The San Diego, California divorce lawyers of Yelman & Associates have the experience and commitment to help you through every phase of your divorce case.

California 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 inherited by one spouse is not considered marital property; i.e., a family business or estate. Also 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 Prenuptial Agreements:

A prenuptial, or premarital, agreement (referred to as "pre-marital agreement or "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.

Factors that cannot be stipulated in prenuptial agreements are binding legal matters such as child support; i.e., a couple cannot lawfully agree in a prenuptial agreement that either party will in no way be responsible for restitution. 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.

If you or a loved one is involved in a divorce or child custody case in San Diego or the surrounding areas of California, and you need the help of an experienced family law attorney, call Yelman & Associates today at 866-631-9245, or complete the contact form provided on this site to schedule your free consultation.

Frequently Asked Questions of California Family Lawyers of Yelman & Associates

The following information includes frequently asked family law questions. These questions and answers are general in nature and should not be used as specific legal advice for your case. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. For more information on your family law case, please contact Yelman & Associates today.

How are Custody issues decided?

No area of family law brings to the courtroom the tension, anxiety, hostility 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. 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 state family court systems usually have several layers of counseling, mediation and conciliation in an attempt to bring warring parents together to resolve the issue of what 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. The court may also approve visitation plans and restrictions considering factors relevant to the best interests of the child.

How can a parent remedy the frustration of visitation rights?

A variety of remedies are available to provide relief to the non-custodial parent who has had visitation rights frustrated. The non-custodial parent can commence an action to show cause concerning contempt for violating the court's order pertinent to visitation. This is not a favored alternative. The court also has power to modify support, yet this works a hardship on the welfare of the child and is similarly not favored. Another alternative is to ask the court to require the custodial parent to post a monetary bond that would be forfeited if the custodial parent frustrates visitation. Usually a history of frustration of visitation is the threshold that must be shown to the court, not a sole incident.

How is the amount of child support determined?

Federal law now requires that the amount of a child support payment be set in accordance with a guideline. Having a guideline is believed to prevent widely different amounts of child support being ordered from courtroom to courtroom. Guidelines provide an objective basis for the determination of the amount of support to be paid. As a result, most states have established formulas that are used to determine the amount of the payment from one parent to the other.

When can a child support order be changed or modified?

An order for child support can be changed or modified any time there is a material change in circumstances from the time that the existing child support order was issued. A material change in circumstances can take many forms. The change can be the result of changes in the parent's financial situation, such as appreciable difference in the amount of income earned, loss of a job, a large inheritance, or change in the amount of time spent with the child. The material change in circumstance can be the result of a new situation for the child such as large medical expenses, need for special education, or other unexpected requirements. A child support payment could be modified by stipulation between the parents (as long as guideline support factors have been accounted for) or by a noticed court hearing.

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 including wage attachments, seizure of property, suspension of 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.

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 that 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. For more information about complicated divorce and separation issues in California, call the San Diego family law attorneys of Yelman & Associates today for an appointment.

Should I make a prenuptial agreement with my future spouse?

The answer to that depends on your specific circumstances, and on the two of you as individuals. Financial planners and divorce attorneys argue that prenuptial agreements should be considered if any of the following particulars apply: children from a previous marriage, individual ownership of a business or family company, significant individual assets, substantially unequal income between the parties or concern about a future spouse's personal debt. Since laws about what constitutes marital property and what governs the division of assets after marriage varies from state to state, a prenuptial agreement can work as a legal protection mechanism for both parties.

Often, prenuptial agreements are misunderstood as an attack on trust or evidence of financial matters outweighing the presence of love in a marriage. This is not necessarily true. Most prenuptial agreements are made by couples who want to bypass the mandates of court in the event of divorce or death, or couples with children or grandchildren from prior marriages who want to ensure that individual property such as businesses or estates pass down to the family rather than the spouse. Regardless of the circumstances, prenuptial agreements are a comprehensive decision and should be approached bereft of emotional misconceptions.

If you or a loved one is involved in a divorce or child custody case in San Diego or the surrounding areas of California, and you need the help of an experienced family law attorney, call Yelman & Associates today at 866-631-9245, or complete the contact form provided on this site to schedule your free consultation.

Yelman & Associates
Professional Profile

Yelman & Associates provides strong representation to clients in San Diego County including, but not limited to, San Diego, La Jolla, Del Mar, Carlsbad, Escondido, Vista, East County, South County, Rancho Bernardo, Rancho Santa Fe and Fairbanks Ranch - and the surrounding areas of California.

Firm Address:

Yelman & Associates
3333 Camino Del Rio South, Suite 140
San Diego, California 92108
Telephone: 866-631-9245

The offices of Yelman & Associates are located in Mission Valley just north of downtown San Diego off of the 8 freeway. The office is east of the 5, 163 and the 805 and just west of the 15.