The story: Kat and her female  partner conceived a baby together using a friend’s sperm. At birth, they hired an attorney to complete a stepparent adoption so Kat would be a legal mother to their child. Unfortunately, the “experienced adoption attorney” they hired did not know what she was doing and evidently had not performed an adoption involving same-sex partners before. In the preparation of the adoption paperwork, the attorney prepared a petition to terminate the rights of the biological mom, rather than their sperm donor. The attorney did not understand that the adoption was being performed for the sole reason of giving BOTH Kat and her partner legal rights, i.e., their child would have TWO mothers, not a legal mother and legal father.

Kat and her partner thoroughly reviewed all the paperwork their attorney gave them prior to signing. This was their saving grace. A lot of my clients tend to sign whatever I put in front of them without a thorough review. Had Kat and her partner hastily signed there could have been dire consequences – i.e., Kat’s partner’s parental rights being terminated and the sperm donor gaining rights. The essence of a stepparent adoption is that a co-parent is adopting his/her partner’s child without terminating the partner’s parental rights, and the adoption rests on the underlying legal relationship – i.e., the domestic partnership, civil union, or same-sex marriage. So ultimately the court would not have ordered the adoption had Kat’s partner’s rights accidentally been terminated. Still, things would have gotten messy.

Moral: Make sure your attorney knows what your ultimate goal is. Kat and her partner both wanted to become legal parents to their child. They wanted any parental rights their sperm donor may have had terminated. The attorney, somehow, did not realize the child would have two mothers. Same-sex adoptions are much more common now, but it is still best to make sure everyone is clear. States that recognize same-sex marriages, domestic partnerships, or civil unions allow couples to use the stepparent adoption procedure to acquire joint legal parental rights. Neither partner’s rights needs to be terminated. A stepparent adoption has the same legal effect as a second parent adoption but is generally faster, less expensive, and less intrusive than a second parent adoption.

The post TWO moms for our child, please! appeared first on Heath Newton San Francisco, CA Family Law.

Lilah’s practice focuses on high-asset dissolution, complex child-custody matters, adoptions, and other family law issues relevant to the LGBT community and alternative family formation. Before joining Heath-Newton, Lilah was an Associate Attorney at Wald & Thorndal, P.C. where she provided comprehensive legal services to both traditional and non-traditional families on all elements of family formation and dissolution.

The emotional, “real” component of family law is what keeps Lilah passionately involved in her work. Lilah is a “people-person” who strives to relate, understand, and do what she can to effect change in her clients’ lives. Lilah has a specific attachment to children and has the goal to become a kindergarten teacher in her second career. These traits keep the passion she has in her work alive and her dedication to her clients eternal.

Lilah received her BA from UC Davis in 2007, with a major in Sociology and an emphasis on Law and Society. Lilah earned her JD in 2010 from Thomas Jefferson School of Law in San Diego. While in law school, Lilah was actively involved in various LGBT related organizations in the community and at her law school.

Lilah’s interests include: running, cycling, hiking, traveling, and cooking. She ran the Boston marathon in 2011 and has placed first place overall women in two half-marathons.

Affiliations: American Bar Association, Bar Association of San Francisco, Bay Area Lawyers for Individual Freedom, National LGBT Bar Association, Tom Homann Law Association, Queen’s Bench

The post Lilah J. Sutphen appeared first on Heath Newton San Francisco, CA Family Law.

• If you have substantial assets. These assets can include a business, real estate, stock, retirement accounts, and more. If you do not have a prenup and get divorced, these items may be split 50-50 per California community property laws. A prenup can ensure your individual pre-marriage assets maintain their separate property character.
• If you have substantial debts. Generally, only debts acquired after the marriage are the responsibility of both spouses, but this is not always the case. Executing a prenup that includes that debts each party incurred (if any) prior to the marriage will ensure these debts do not become the responsibility of the other party in the future.

• If you’re entering a second marriage, or have children from a previous marriage. If you are entering your second (or third) marriage, a prenup is an excellent way to protect and provide for your loved ones from previous relationships. In your prenup, you can stipulate that someone other than your spouse receive certain assets in the event of death or divorce.
• If you want to improve your relationship. A prenup can benefit your marriage. Working through touchy topics (such as money) can strengthen a relationship by preventing future misunderstandings and setting reasonable expectations. Your attorney can help you realize the peace of mind and confidence to be gained from entering into a prenuptial agreement prior to your marriage.

Entering into a prenuptial agreement should be a mutual decision. If you consider it part of the financial planning process that all couples should go through, it can bring you and your future spouse closer together.

Want more information on prenups?

To determine if a prenup is right for you and your future spouse, contact a prenuptial agreement attorney at Heath-Newton at 415-398-1290, or e-mail us at info@heathnewton.com to arrange a consultation.

The post Do We Need a Prenup? appeared first on Heath Newton San Francisco, CA Family Law.

1. Experience. Seek a law firm that has attorneys with a depth of experience in representing individuals through the drafting, negotiating, and execution of prenuptial agreements. An experienced prenuptial agreement attorney will be able to relate to you personally and understand the matters most important to you. Consider retaining an attorney from a law firm that has a strong reputation and a track record of outstanding results.
2. Knowledge. Your attorney must have comprehensive knowledge of California law surrounding prenuptial agreements, and be current with any recent changes in the law. For a prenup to be enforceable in California there are certain requirements that must be strictly abided by. In addition to knowing the law, your attorney also needs to know how to craft a prenup that is personal to you. If you own a business or your spouse is bringing significant debt to the marriage, these are specific provisions that must be part of your prenup.  A prenup is not a “one-size-fits-all” document and your attorney should not treat it as such.
3. Availability.  Whoever you ultimately retain as your prenuptial agreement attorney must be reasonably accessible to you via e-mail, phone, or in-person. The ability to reach your attorney with questions or concerns in the process of drafting, negotiating, and executing your prenuptial agreement is very important. You should not expect your attorney to be at your beck-and-call, but time is often of the essence in the drafting and execution of a prenup. A nonresponsive, inaccessible attorney will lead to unneeded stress.
4. Care. A qualified prenuptial agreement attorney cares about you and your future spouse. Your attorney should take care to ensure that your agreement accurately depicts your personal circumstances and achieves your goals. Your attorney should be polite, efficient, and concerned about your future. Your attorney should be patient, listen to your questions, and have no problem addressing your concerns.
5. Collaboration. Your prenuptial agreement attorney should know how hard this process is for you. A good attorney understands that most people don’t relish the idea of crafting such an agreement. Initially, clients often think seeking a prenup will create suspicion and mistrust in the relationship. A capable prenuptial agreement attorney encourages parties to communicate directly and work collaboratively to dispel this myth. Fostering this type of relationship and open communication is more efficient and ultimately leads to a healthier and stronger relationship.

Talk to a prenuptial agreement attorney

A well-drafted prenup can protect both spouses in the event of separation and/or divorce. To schedule a consultation with a skilled prenuptial agreement attorney, call Heath-Newton at 415-398-1290, or e-mail us at info@heathnewton.com.

The post Top 5 Things to Look for in a Prenuptial Agreement Attorney appeared first on Heath Newton San Francisco, CA Family Law.

An uncontested divorce is one in which the parties are able to negotiate an agreement with regard to property division, spousal and child support, child custody and visitation, and any other major issues that requires resolution in the divorce process. Reaching agreement saves the parties attorney fees, court costs, and the time associated with the adversarial process.

It is not uncommon for parties to begin the divorce process with a mutual belief that they can move forward in an uncontested manner, but then become stuck on an issue where compromise is out of reach. In this situation, an uncontested divorce may unfortunately morph into a contested divorce.

The opposite scenario is also possible. A case may begin as contested, but later become uncontested through mediation, negotiation, and/or collaboration that assists the parties in reaching agreement without court hearings or trial.

Regardless of whether your divorce is contested or uncontested, the paperwork and procedure for the preliminary filings are identical.  You will not need to designate your divorce one way or the other until a Judgment form is prepared and filed. By this point in the process it will be clear whether your divorce was contested (you had several hearings and/or a trial) or uncontested (you and the other party settled all issues by agreement). On the Judgment form you will need to designate your dissolution of marriage (divorce) as contested, uncontested, or by default (i.e., one party did not respond to the other party’s Petition).

Need to know more about contested divorce?

There’s a great deal to know about contested divorce — much more than can be covered in a single article. For additional information, call Heath-Newton at 415-398-1290, or e-mail us at info@heathnewton.com to arrange a consultation.

The post Contested vs. Uncontested Divorce appeared first on Heath Newton San Francisco, CA Family Law.

Photo: Scott Mecum

Basketball star Steve Nash is hoping to get out of paying child support for his three children, claiming that his ex-wife has enough money already and would spoil them with extravagent gifts.

Nash currently plays point guard for the Los Angeles Lakers. He is best known for being the catalyst of the high-scoring “seven seconds or less” Phoenix Suns offense in the middle of the last decade, when he won two league most valuable player awards. He also spent six years with the Dallas Mavericks.

He earned $8.7 million this season and has pulled in about $128 million over the course of his career.

Steve and Alejandra Nash have twin girls, 8, and a two-year-old son. The couple announced their separation the day their son was born amid rumors that he was actually fathered by one of Nash’s teammates.

Lacking Support

As far as child support goes, Nash’s lawyer argued that he pays for almost all the medical expenses, child care, school and activity costs. Meanwhile, Alejandra is already pulling in a hefty income to the tune of $30,000 per month, although it comes nowhere close to her famous ex-husband’s haul.

She also got around $5 million in the divorce agreement, but that shouldn’t play into a support decision — that money is for her, while support money is supposed to be dedicated to the children.

Alison K. Grcevich

A judge in Arizona initially agreed with Nash that he shouldn’t have to pay any more, but the ruling is currently under appeal, according to TMZ.

Adding a devilish twist to the story, Alejandra is reportedly trying to move the children from Arizona to California, while Nash fights to block them. Why the residency dispute? Because custodial parents are likely to get a bigger chunk of child support in California.

“California is known for having higher child support orders than many other states,” says Alison K. Grcevich, an attorney with Bay-area family law firm Heath Newton. “Because the cost of living in California is one of the highest in the nation, the result is higher child support orders than many other states, where living expenses are naturally lower.”

Going Off Formula

Furthermore, the state calculates support in a very formulaic way. “They literally look at the numbers,” explains Terry A. Szucsko, a partner with San Francisco firm Lvovich, Volchegursky & Szucsko. ”You just plug in custodial time, gross income, then a whole host of other different factors that get thrown into the calculator.”

Terry A. Szucsko

Medical and child care would be considered in the calculation, with each parent expected to contribute half. Even considering the extra burden Nash is carrying on those expenses, the vast difference in income between him and his ex would almost surely result in him shelling out a lot more each month.

“To say ‘mom makes enough money anyway,’ that would not happen in California,” Szucsko says. “Out pops a number, and that’s the number that one party would pay to the other in child support.”

If the decision does end up falling under California jurisdiction, Nash could still have one more card to play. In exceptional circumstances, parties can still litigate to reach a dollar amount different from what the formula spits out. “When one parent is an extraordinarily high income earner, like a professional athlete, the process becomes more complicated as the question arises,” Grcevich says, “is this high amount of child support inappropriate because it exceeds the children’s reasonable needs?”

Nash is a sure bet to be enshrined in the NBA Hall of Fame after he retires. Whether he will be paying child support is still up in the air.

See Original Article on Lawyers.com

The post Alison Grcevich quoted in story about Steve Nash Child Support Case appeared first on Heath Newton San Francisco, CA Family Law.

The law if enacted would “end permanent alimony, cap alimony awards based on a person’s income and the length of the marriage and make it easier for an ex-spouse to terminate or lower alimony payments upon retirement. It also gives parents equal custody of any children in the marriage.”

Here’s link to an article on the topic: Alimony law in Florida changes drastically under new bill.

Alimony laws (called “spousal support laws” in California) are coming under increasing scrutiny as our social standards evolve. We’ll keep an eye on any changes to California spousal support legislation and keep you posted.

The post Alimony Reform is on the Move appeared first on Heath Newton San Francisco, CA Family Law.

• What is are the differences between a Registered Domestic Partnership and a marriage?
• Should I get registered?
• How do I enter into a Registered Domestic Partnership?

Terrance recently joined in on Emily Bouchard‘s radio show discussing domestic partnerships. They discuss both the legal ramifications of registering and the emotional side of these relationships.

http://www.youtube.com/watch?v=-A5FRvOAN9U&feature=youtu.be

The post Radio Talk – Domestic Partnerships And Non-Traditional Families – What You Need To Know appeared first on Heath Newton San Francisco, CA Family Law.

sarah@heathnewton.com

El derecho familiar y la protección de activos son temas complejos que causan estrés emocional y financiero. Heath-Newton LLP está listo para ayudarle a resolver estos problemas. Nuestros abogados tienen mucha experiencia en derecho familiar, le explicarán las leyes y cómo éstas se aplican a su situación particular para que pueda tomar decisiones informadas y recuperar el control. Con sede en San Francisco, los abogados de derecho familiar de nuestra firma boutique han ganado el reconocimiento en la comunidad legal como solucionadores de problemas que se destacan en la mediación y, en la litigación, cuando ésta no puede ser evitada. El tamaño y la estructura de nuestra empresa aseguran la colaboración entre nuestros abogados, y también nos ayuda a establecer fuertes vínculos entre abogado y cliente basados en confianza, discreción y excelencia. Póngase en contacto con nosotros para programar una consulta con un abogado de derecho familiar con experiencia.

Biografía de Sarah

La Abogada Sarah J. Anott tiene experiencia extensa en áreas de disolución compleja, juicios de paternidad, custodia de hijos/visitas, manutención, y casos de violencia doméstica. Bilingüe en español, Sarah también ofrece sus habilidades en español a nuestros clientes. Antes de unirse a Heath-Newton LLP, Sarah trabajó con organizaciones comunitarias de derecho familiar en Marín y San Mateo prestando servicios legales a los más desfavorecidos. Sarah continúa involucrándose con la comunidad en su tiempo libre y proporciona representación gratuita para personas que buscan asilo.

Miembro de la Asociación de Abogados de California y Florida (California and Florida Bar Associations), Sarah se graduó de la Universidad de Derecho de Santa Clara (Santa Clara University School of Law). Sarah se graduó con honores del Peace College en Raleigh, Carolina del Norte y tiene una Licenciatura en Artes Liberales con una especialización en Español y Administración de Recursos Humanos.

The post Sarah J. Arnott appeared first on Heath Newton San Francisco, CA Family Law.

Income Level

The primary consideration in setting the alimony amount is the parties’ respective incomes. When the parties first separate, the goal is to provide alimony payments during the divorce process. A judge will likely establish a short-term alimony arrangement that assists the supported spouse with finding a place to live and adequate employment to become self-sufficient. As time passes, however, support may be reduced as the supported spouse becomes increasingly self-sufficient and his or her needs are therefore reduced.

Self-Sufficiency

The purpose of alimony, besides supporting a standard of living, is to help the supported party become self-sufficient. The judge will take into consideration the supported spouse’s employability, including their employment history during the marriage and their marketable skills.

The court will look to California Family Code § 4320 which lists the factors the court should consider in making a longer-term spousal support order.  A common scenario is where the lesser earning spouse quits working to stay home with the kids while the higher earning spouse advances her career.  The court takes these circumstances into consideration and adjusts alimony payments accordingly.

Other Factors That Influence Alimony Payments

Higher earning spouses are often surprised that judges in California don’t take monthly expenses into account when figuring alimony payments.  When calculating spousal support other factors which can affect the total alimony payment are:

• Medical insurance premiums
• Mortgage Insurance
• Property taxes
• Pre-taxed 401K
• Retirement
• Social Security Benefits

If you have any specific questions about alimony payments, we suggest that you speak with a qualified California family law attorney who can help you make sense of the California Family Court system.  We’re happy to help – feel free to give us a call.

The post What Factors Go Into Determining Alimony Payments? appeared first on Heath Newton San Francisco, CA Family Law.