Who Pays for Daycare After Divorce?

When parents are involved in a divorce, many issues must be resolved in order for the marriage to end. Parents should try to come to an agreement on how to share parenting time whenever possible. If they are successful, the court should put a custody order into place so the parent s timesharing agreement is legally enforceable. If parents do not agree on their own about how they will divide up time with their children, the judge will consider what is in the child s best interests and will divide up custody accordingly.  The custody division, coupled with the incomes each parent makes and various other factors, are used to determine how much child support must be paid. A standard formula is used in California to calculate child support in order to ensure every child receives financial assistance from both parents.  When child support is calculated, one big issue that often arises is who pays for daycare after divorce. The cost of daycare can be very expensive and an Irvine family la

Do You Have a Right to Remain Silent in a Civil Case?

The Fifth Amendment establishes the right to remain silent and the right not to be a witness against yourself in a criminal case. This important constitutional amendment means you do not have to provide an answer that would incriminate you.  However, while the Fifth Amendment means you cannot be compelled to testify against yourself, it does not necessarily allow you to avoid answering any and all questions or responding to discovery requests.  Because the Fifth Amendment applies to protect you from providing evidence that can be used against you in a criminal case, many people are uncertain whether they have a right to remain silent in a civil case. The answer to this question can be complicated. An Irvine civil litigation lawyer can provide you with legal advice on whether you should respond to inquiries as part of a civil lawsuit or whether you can assert the Fifth Amendment right against self-incrimination. Brown & Charbonneau, LLP has extensive experience helping defendants to

I’ve Been Sued in Federal Court: What do I Do?

Being named as a defendant in a lawsuit is always stressful. This is especially true when you received notice that a federal lawsuit has been filed against you. A lawsuit in federal court can be brought only under limited circumstances, such as when a case arises out of federal law or when a plaintiff and defendant are from different states and the amount in controversy is $75,000 or greater. Because federal cases are often high-stakes cases with a significant amount of money that could potentially be lost, it is imperative you are fully prepared and make informed choices on how to respond when you receive notice of a lawsuit.  When you are sued in federal court, you have a limited time to respond to the summons and complaint.  An experienced Irvine, CA litigation lawyer who handles federal cases can help you to respond within the deadline and to make informed choices about every step of defending yourself after a lawsuit has been filed against you.  Brown & Charbonneau, LLP has ex

How Much Child Support Must be Paid After a California Divorce?

One of the most fundamental obligations of a parent is to ensure that a child s basic needs are provided for. This obligation does not go away just because a parent is not living with a child. In fact, a parent is obliged to provide support even for a child who he or she does not visit, does not know, and did not intend to conceive. Child support is required of any parent whose rights have not been terminated by the court, and it must be paid regardless of whether the child s parents were married at the time when the child was conceived. Child support also cannot be waived in a prenuptial agreement.  While child support must be paid after a divorce or separation in virtually all cases, the amount of support that is owed is going to differ depending upon many different factors. Parents need to understand how child support will be calculated when a separation or divorce occurs, or whenever there is a shared child who is not being raised in a home with both mother and father. An Irvine,