About: Tess Reutzel

Recent Posts by Tess Reutzel

April 12, 2013

Divorce Mediation in San Diego – The Benefits

I have seen a recent rise in the number of calls I receive by people interested in divorce mediation in San Diego. It seems that people have realized that divorces can be costly and emotionally-draining, and divorcing couples are beginning to recognize the benefits of divorce mediation.

What are the benefits of divorce mediation?

o First, divorce mediation tends to be a lower-cost option. Generally, each party is paying for their own attorney. That means that the family is paying the hourly rate for two attorneys to facilitate finalizing their case. With mediation, the parties are paying for only one mediator, so theoretically, it is half the cost.

o Next, divorce mediation allows the parties to work as a team to accomplish their divorce. The non-litigious atmosphere usually leads to a more amicable end to the relationship. The parties can approach their divorce as a mutual, healthy...

Divorce Mediation, Preparing for Divorce, Spousal Support
Comments are closed
Permalink
2438
0
0
No tags
September 23, 2012

The Divorce Process in San Diego

The dissolution process can be emotionally-tolling on the parties involved, so it is important to know what to expect from the process to make the transition go as smoothly as possible.  Divorces generally have three stages in California.

First, a spouse will file a Petition for Dissolution of Marriage, along with other required legal forms, and will serve the packet upon the other spouse to initiate the case.  In California, there is a six-month waiting period from the time the initial paperwork is served to the time that the parties can become legally divorced, so this is the time when the waiting period will begin running.  A spouse can also immediately ask the court for interim orders for custody, visitation, child support, spousal support and other issues that will need to be resolved pending the final divorce judgment.

The next step is the exchange of information.  The parties to a divorce must...

Child Support, Preparing for Divorce, Separating, Spousal Support
Comments are closed
Permalink
2504
0
0
No tags
June 12, 2012

Parents Cannot Withhold Visitation Due to Nonpayment of Child Support

I often get calls from clients asking if they can keep their child from seeing the other parent since he or she refuses to pay child support.  In short, the answer is no.  California courts view child support and child custody as two entirely separate issues.  Since they have no relationship to each other, a judge would not be happy to hear that a parent withheld a child from the other parent to force him or her to pay money.  Generally, the courts frown upon self-help techniques such as this.

Instead, it is best to seek court intervention.  If there is no court order for child support, the custodial parent should file a motion to obtain one.  Then, if the other parent is employed, he or she can ask that the other parent’s wages be garnished so that support is paid directly by the parent’s employer.  If there is already a...

Child Support, Child Support Enforcement, Visitation
Comments are closed
Permalink
2935
0
0
, , , ,
March 26, 2012

Determining Child and Spousal Support in California

Arguably, one of the scariest parts of going through a divorce is trying to determine whether you will be able to make ends meet throughout the process and after the divorce is finalized.  With so many transitions taking place in a person’s life, it becomes important to form a budget.  But before a party is able to do that, he or she will need to determine what support should be expected.

As such, one of the first questions I hear from my new clients is, “How much child support will I have to pay?”  “How much spousal support will I have to pay?”  Or, “How much child and spousal support will I receive?”  This is determined by numerous family law statutes.

Child Support in California is determined by a guideline formula, and except in unusual cases, is not left to the discretion of the court. This formula is a complicated algorithm, but...

California Child Support Guideline, California Spousal Support Guideline, Child Support, Family Code section 4320, Spousal Support, Support Amount, Uncategorized
Comments are closed
Permalink
2881
0
0
, , , ,

Recent Comments by Tess Reutzel

No comments by Tess Reutzel yet.

Law Offices of Tess Reutzel