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Focused on reducing the emotional and financial toll to your family.

Offering divorce and family law options to fit
your needs, and focused on reducing the emotional
and financial toll to your family.

August 2013 Archives

Proper Valuation of Assets in a Sacramento Divorce

One of the key principles of any fair Sacramento divorce is proper valuation and division of the community assets and debts.  Each party is entitled to half of the community property value of the assets.  For many assets, the parties’ statements of value are acceptable because the items only hold sentimental value and little actual market value.  Other assets are easier to value, such as vehicles through Kelley Blue Book, and bank account statements.

Can Sacramento Parents Delegate Child-Watching Responsibilities to Significant Others?

A common source of strife between Sacramento divorcees and former partners is when one partner allows their new significant other to care for the child.  Many a custody case has been litigated over this issue.  Sometimes the underlying issue is the ex-spouse’s jealousy over the new significant other, and other times it is legitimate concern for the child’s well-being.

Child Support Calculation in Roseville Child Support Cases

In Roseville child support cases, a common question involves how to treat variable income such as bonuses, overtime, doubletime, awards, etc.  The support payor does not want these sources included in their support calculation because they have no guarantee of earning the same income in the coming months or year.  The support recipient wants these income sources included because it does not seem fair to reduce their child support by ignoring income that was earned in the past.

Using a Joint Appraiser in your Placer County Divorce

In many Placer County divorces, parties have assets that are of disputed value.  Sometimes the dispute in asset values comes from lack of knowledge by one or both spouses.  However, if there is a dispute over the value of the community property item, it is appropriate to hire appraisers to establish a professional opinion of the item in question.  As Placer County divorces can be expensive, and parties are trying to minimize unnecessary costs.  Thus, it may be beneficial for the litigants to agree to hire a joint appraiser.

Father’s Rights and Child Custody in Sacramento

Fathers who want custody of the children, but fear that the Sacramento child custody court will be biased against them and in favor of the child’s mother should take heart.  The attitudes toward single fatherhood are shifting.  According to a recent study by the Pew Research Center, the number of single father households has skyrocketed.  (See the linked article below).  It stands to reason that the Sacramento court system and Sacramento court mediators are understanding of fathers who are single and who desire to provide strong parenting for their child.

Sacramento Child Support and Protecting your Financial Future

If you are involved in a Sacramento child support case, and you have been awarded child support, you should be mindful of a few things.  First, child support is designed to make sure the children receive adequate financial provision for their daily needs.  Second, child support is only payable until the children are 18 and graduated from high school.  If they are 18 and still attending high school, then support ceases when the child reaches 19 years of age.

How Do Sacramento Divorce Legal Retainer Agreements Work?

One confusing aspect of hiring a Sacramento divorce attorney is understanding the concept of a legal retainer agreement.  Often times parties hear the retainer cost and assume that is all that the case will ever cost them.  So if a Sacramento divorce attorney tells a prospective client that his legal retainer is $3,000, the prospective client may be tempted to think that his divorce case will cost up to $3,000 and then the Sacramento divorce attorney will not charge him anymore.

Can I Make my Divorce More Affordable in Sacramento, Part 2?

There are other options to make your Sacramento divorce more affordable.  You and your spouse, if you are on amicable enough grounds, can hire one joint attorney-mediator to assist you in negotiating an agreement on all issues outside of court.  The Sacramento divorce attorney-mediator does not represent either party to the detriment of the other party.  Everything is negotiated with both parties and the divorce mediator keeps both parties in the loop via email, phone conferences, and in-office consultations.  This is a great way for parties to avoid expensive court costs and avoid paying for two separate legal retainers for two separate attorneys.  Keep in mind, this option only works if both parties are committed to keeping the case out of court and to using the Sacramento divorce mediator to complete the case.  If one party gets cold feet and wants to leave the divorce mediation, the money spent is gone and the divorce mediator has to completely withdraw from the case.

Can I Make my Divorce More Affordable in Sacramento, Part 1?

A common question parties to a Sacramento divorce have is whether they can affordably hire a lawyer to represent them in their case.  Most people know that having a lawyer gives them access to legal resources and helpful guidance that they could not find on their own.  The problem is usually the cost of legal services.  If you can afford to hire a firm, we have found there are a few ways you can maximize your resources and help keep the litigation costs down. 

What Are Common Types of Legal Discovery in a Placer County Divorce?

Parties to a Placer County divorce have an affirmative obligation to surrender copies of all financial documents and asset and debt information to their spouse after initiation of the divorce case.  The Placer County courts require this in order to avoid parties hiding income, expenses, assets and debts from each other and therefore causing an inequitable result.

What is an Income and Expense Declaration in a Placer County Divorce Case?

In every Sacramento divorce case that involves some form of financial issue (support, attorney fees, payment of expert witnesses, etc), the court will require each party file their Income and Expense Declaration.  Income and Expense Declarations, or I&Es, are very important in Sacramento divorce cases because they give all parties a clear picture of each party’s income sources, living expenses, medical costs, work expenses, and other expected changes in income.

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Miller & Associates, Attorneys LLP
Miller & Associates, Attorneys LLP
6542 Lonetree Boulevard
Rocklin, CA 95765

Phone: 916-780-0848 
Fax: 916-780-0787
Miller & Associates, Attorneys LLP
2280 E. Bidwell Street, Suite 204
Folsom, CA 95630

Phone: 916-365-4941 
Fax: 916-780-0787

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