Since 1996, Myra has been practicing law in San Diego and in 2001 started her own firm, Law Office of Myra Chack Fleischer. The sole intent was to create a firm rooted in a caring and understanding approach to the individual legal situation of each client. Today, the firm focuses on divorce and other family law areas such as property division, custody and support, agreements, mediation services, assets, and violence and abuse.
The firm has helped hundreds of clients reach satisfactory divorce settlements, while avoiding costly court battles. We believe one of the major contributing factors to this success is Myra's 10 year background in accounting and then as a controller for international software company. She get's numbers and negotiations!
The Law Office of Myra Chack Fleischer has a unique mix of legal, parenting, and financial expertise for clients. In addition, the firm collaborates with therapists, investigators, and other key resources to resolve your family law situation.
Q: What is a "Common Law Marriage?"
A: California does not recognize common law marriages.
Q: In the event of domestic violence, what should a person do?
A: First and foremost, it is important for the person to get away from the aggressor and in the event of domestic violence, contact the police immediately. Often, local police officers and sheriffs have received special training with respect to domestic violence and can be extremely helpful to a victim. In addition to local law enforcement personnel, city and district attorneys may be very helpful in providing referrals to other local assistance - emergency shelters such as "safe houses," counseling, and legal assistance. Of course, assistance with prosecution is available.
Q: Can a court order alimony payments after a divorce or separation?
A: Yes. As part of the judgment of dissolution or legal separation, a court may order one spouse to pay the other alimony.
Q: How long will a spouse have to pay (or be able to receive) alimony?
A: Depending on the particular circumstances, alimony is ordered to be paid during the time period that the supported spouse is seeking education, training, and marketable job skills in order to establish a career or otherwise become self-supportive. Consideration of the responsibility for providing child care during the early years of a minor child factors into this determination.
If the supported spouse is of advanced age or suffers from a medical problem which would prevent this spouse from obtaining a career (thus preventing him/her from becoming self-supportive), alimony could be "permanent" (but subject to future modification based upon a material change in circumstances).
If there was a long term marriage (in California, for example, a marriage of ten years or longer is considered a long term marriage), a court may have continuing jurisdiction over the issue of spousal support. With continuing jurisdiction, a court may change the amount or duration of alimony payments from one spouse to the other any time in the future (although a material change in circumstances is usually necessary).
In addition, typically a court order for alimony terminates upon the death or remarriage of the supported spouse.
Q: What are some common arrangements for child visitation?
A: Child visitation, often pursuant to a parenting plan, can take a variety of forms or schedules. Some common arrangements include some of the following provisions:
- Alternate weekend visitation with the non-custodial parent, including "three-day holidays"
- Mid-week visitation with the non-custodial parent
- Sharing of the 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 (click here for a useful article on holiday visitations)
- Mother's Day with Mother, Father's Day with Father
- Alternate years on the child's birthday
- Open telephone contact by the parent who does not have actual physical custody of the child
- Exchange of a few days of visitation here and there as mutually agreed without the need for a change or modification of the court order
Q: Can custody rights be modified?
A: Absolutely. You can go back to court to change a custody order if there is a substantial change of circumstance that has a significant, adverse effect on the child (such as visitation problems, erratic behavior, relocation and impact on child-parent relationship, change in employment, residence, or marital status).
The courts recognize that many factors (such as, children's age, relationship with both parents, the parents' relationship, the wishes of the children) can be altered over a period following divorce and, though reluctant to change the parenting custody plan, the courts will do so if it is clearly necessary and in the best interest of the child.
Alternatively, the ex-spouses can voluntarily modify the last order by agreeing to changes between themselves. If there is a departure from the last custody order, it is best to put the new current changes in writing; oral agreements are difficult to enforce.
Q: How is the amount of child support determined?
A: 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.
Q: How are alimony and child support payments taxed?
A: Child support payments are neither deductible nor income to the recipient. Alimony payments can be structured by the parties to produce either of two tax results:
- Deductible by the payer ex-spouse and gross income to the recipient ex-spouse, or
- Not deductible by the payer and not income to the recipient.
In settling a divorce, the parties frequently plan on whichever tax result works out best. If the payments are not structured to comply with the rules, the general rule is that alimony payments are income to the recipient and deductible by the payer.
Frequently, divorcing couples agree upon a fixed aggregate payment from one spouse to the other. Even if the recipient spouse dies before the payments are due, this sum will be payable, and it will be treated as a property settlement. A property settlement is not deductible by the transferor and is not income to the transferee. Even if the payments are properly structured, the Internal Revenue Code prevents deduction of "front-loaded" payments.