Sunday, August 21, 2011

Surrogacy, Artificial Insemination and Gestation Carriers Agreement--Contact Modesto Divorce Lawyer Today For Free Consultation

Because of the different technologies there are in the world today, there are many ways that an LGBT couple, a single person or a person facing difficulties in reproduction can take advantage of. Agreements are set in place to not only help the parents-to-be, but the donors, surrogates and carriers as well. Call the Modesto family law attorneys of Howard & Fei, LLP at 510.464.8083 for a consultation on your case.

Many donors and gestational carriers offer their services in order to help someone else, and they deserve just as much legal protection as the soon-to-be parents. Are you a donor, surrogate, gestational carrier, or the parents-to-be, and need some legal advice? Call the knowledgeable attorneys of Howard & Fei, LLP at 510.464.8083 for a consultation now.

Thursday, August 11, 2011

Child Support Information and Calculations; Modesto Family Lawyers

If you live in the Modesto, Turlock or Stanislaus County area, and are curious about family law issues, particularly about child support, there are places online that can help you.

Child support guidelines and a child support calculator can be found on the website for the California Department of Child Support Services. Attorneys and courts use a specific program to calculate child support, and those factors include a person's income, expenses, number of children and certain deductions. Courts will generally follow the child support guidelines unless following them would end in an unjust result. By doing your own calculations first, you can have a rough idea of how much child support you will be required to pay out, or expecting to receive.

If you still have more questions about child support, you can call the Modesto attorneys of Howard & Fei, LLP at 510.464.8083, or email us at info@howardfei.com or visit our website.

Tuesday, August 9, 2011

Community Property Breakdown; Modesto Divorce Lawyers

People are often confused about how property is divided during divorce. California is a community property state. This means that any income or property acquired during the marriage belongs to the "community," which is made up of the two people in the marriage. When there is community property, there is also separate property, which consists of income or property that the two people already had before getting married, or if the property/income was acquired during the marriage but falls under certain categories of separate property.

Community property stays as community property even if a spouse opens a separate bank account, or uses that money to invest in a property only in his/her name. For example, just because a wife deposits a paycheck into her separate account, and calls it her separate property does not make it so. If there is a divorce, income and property can be backtracked to their source, which ultimately determines whether it is community or separate property.

There are some main categories of separate property and they include property that was acquired before the marriage, inheritances and gifts. There can be many other separate property distinctions, but it depends on the specific circumstances of the case. Separate property can be used to fund a community property item, but it can be determined upon divorce how much that spouse would get back. Inheritances and gifts to an individual would likely remain separate property.

There are many intricacies involved in divorce proceedings and the splitting of the assets and debts. To consult with a Modesto family law divorce attorney, call Howard & Fei, LLP at 510.464.8083 or go to our website.

Monday, August 8, 2011

How to Keep Your Children's Lives Normal During Divorce-- Contact Modesto Divorce Lawyer Now

Getting a divorce is one of the toughest things to go through in a person's life, but even tougher is seeing the impact that it has on your children. Here are some things you can do to lessen the harmful effects.

Communicate

Communicate with your children and your soon to be ex-spouse. Let your children know exactly what will happen during the divorce but do not give graphic or negative details. Tell them openly that the divorce is between you and the other parent, and it has nothing to do with them. Openly communicate with your soon-to-be-ex about the children's schedules and activities. This will be important as it will keep him/her in the loop about what is going on and may cause less animosity in the long run.

Don't Talk Negatively About the Other Parent

It's basic human nature to talk negatively or bad-mouth someone who has hurt us, but it really is in the best interest of your children to not talk about the other parent negatively in front of them. Children often blame themselves for divorce and the more that you draw attention to it, the worse it will get. Remember that your ex-spouse is still the children's other parent and will be there for the rest of their lives.

Be Good to Yourself

The first step is to keep negative remarks away from your children, but many people are not aware that even without words, children can sense the tension and anger in their parents. If you need to, seek out a family therapist, where everyone can speak openly. Furthermore, it is important that you let go of some of the anger and animosity against your ex-spouse. Once you can do that, it will help the children a great deal.

Be Active in Your Children's Lives

Even if the children do not live with you more than 50% of the time, or only visit on the weekends, you can still be a part of your children's everyday lives. You can volunteer at their schools, or come to an agreement with your ex-spouse to be the after-school care provider instead of the local babysitter. Even little things like picking them up from piano lessons or taking them on a class field trip will make a world of difference. Just remember that these things need to be agreed upon by both parents, and as soon as the parents can take that first step, the rest of the divorce may get better as time progresses.

Obviously, many of these things are easier said than done, and you may need all the help you can get. To speak to an experienced attorney in Modesto or Stanislaus County about your divorce or child custody and support issues, contact the lawyers of Howard & Fei, LLP at 510.464.8083 for a consultation today.

Wednesday, August 3, 2011

Supermodel Evangelista Requests $46,000 Monthly Child Support Payments From Child’s Father; Ceres Divorce Lawyer

Supermodel Linda Evangelista has a son with business man Francois-Henri Pinault, who is currently married to Salma Hayek. Last month, it was published that Pinault is indeed the father of the four year old boy and now, Evangelista has appeared before the New York family court to request monthly child support payments of $46,000.

That amount of money may seem unfathomable to some people, as it is the average annual income in many states. However, even though Evangelista has requested it does not mean that she will automatically receive it. She claims that the money will go to cover the around-the-clock nanny care and drivers who are retired police detectives. Celebrity divorces are significantly different than the average person, not only because of their assets but because of the public attention.

When parties go to court to request child support, they must submit forms disclosing their financial status. They must include their expenses and different forms of income. Then, the court would take into consideration the amount of time that the child spends with each parent, each parent’s income and expenses and if the child has any special needs. Courts may also take into consideration the fact that a child is accustomed to a certain lifestyle.

If you have a child support or custody issue that you would like to discuss with an attorney in Modesto, call Howard & Fei, LLP at 510.464.8083 for a consultation.

Tuesday, August 2, 2011

How Alternate Dispute Resolution (ADR) Can Help You; Central Valley Modesto Family Law Firm

Contrary to popular belief (partly attributed to movies and television shows), only a small percentage of cases actually make it to trial. The rest of the cases are either dropped by one of the parties, or ultimately settled.

The parties going through a family law case (divorce, domestic partnership dissolution, child custody & support) can opt to go into mediation, arbitration or even private judging.

Mediation

Mediation is becoming increasingly popular because the two parties can decide the outcome of their case. However, this requires a great deal of cooperation, and compromise. Mediation can be much cheaper than litigation because it can be done with a mediator and the parties (without the involvement of individual attorneys), but if the parties are spending a lot of time at mediation with no movement, then it may be a fruitless experience. Mediation can be particularly rewarding when there are children involved and the couple can agree to co-parent through a much more cooperative way. If something significant changes in the future, the party may be able to return to the mediator to change the previous agreement with limited expenses.

Arbitration

Two people can agree to resolve their case by submitting it to an arbitrator, who would make the ultimate and binding decision. The benefit to this process is that the parties still retain some control over their case while at the same time eliminating some unnecessary costs. However, because the decision is binding, it may not work for many people.

Private Judging

Private judging could be beneficial to a high profile couple or case because the information is kept out of the public forum. Unlike a judge in the superior court, the parties would have to pay for their private judge, who may charge upwards of $500 an hour. This is in addition to their representation and other costs involved. Private judging is becoming more and more popular in certain counties (such as Santa Clara County), but still remains less popular in others.

If you'd like to discuss the options in your divorce or child custody dispute in the Modesto area, you should call the attorneys of Howard & Fei, LLP at 510.464.8083 to see how we can help you.

Want other ways to help lower your costs in a divorce? Read this post.

Monday, August 1, 2011

My Journey As a Modesto Family Law Attorney

Hi! I'm Jenn Yan Wen Fei, one of the partners of Howard & Fei, LLP. Even though our firm is based in the Bay Area, we still provide service to select cases in Stanislaus County because of my connection to the Central Valley. Here is my story:

Several years ago, I worked as a clerk in a small prestigious law firm in San Diego. I was only an undergraduate in college but I knew my way around the various courthouses and the legal world. My primary job at the firm was to be the initial point of contact between new and potential clients, our existing clients, and the attorneys.

One day, I received a call from a woman who was near hysterics. It turned out that she had just given birth to a beautiful baby boy and now was in a custody dispute with the baby's father. After she came in for her initial consultation, a preliminary hearing was scheduled for the following week. When I arrived to work on the morning of the hearing, there was a flurry of activity and the family law partner asked me to go to the courthouse with her.

It turned out that our client could not find childcare for the baby, so I stood in the lobby of the courthouse, holding a two week old infant in my arms while his parents determined custody in the other room. This was the most poignant moment of my entire experience in family law. I realized that in most other cases, the benefits and consequences were not tangible like this sweet little baby. I was holding a living, breathing, completely innocent being while the attorneys and the legal system worked to determine his fate.

From that moment on, I knew that I wanted to dedicate my life to helping families through their roughest years, and even though I know that not every case will have a happy ending, I can at least do my part in making sure that it is not a painful ending.

Now, I represent individuals in the Bay Area as well as the Central Valley (namely Modesto and surrounding cities in Stanislaus County) because of my personal ties to those two communities. I strive to provide excellence to my clients while preserving their dignity. If you'd like to speak to us about your family law case in Stanislaus County, you can call us at 510.464.8083, or you can check out my profile here.

Tuesday, July 26, 2011

Top 5 Ways to Lower Your Costs in a Divorce; Turlock, CA divorce attorney

Many people have asked me why attorneys are so expensive. My answer is that attorneys' time and knowledge is extremely valuable and even though our hourly rates may be high, we are likely not billing you several hours per day. Often times, it is more valuable and cost efficient to have an experienced attorney represent you in your divorce than it is to try to do it on your own. However, there are several things that you could do to keep the costs down in your divorce:

1. Be honest with your attorney

In many divorces, the parties may have embarrassing histories or other details that they do not want to share with anyone. However, not sharing or lying about these types of details could actually be detrimental to your case. You should remember that there is a confidential relationship between you and your attorney and many details that you provide to them (like a criminal charge in your past) could actually help your case if you are honest. However, if you hide this kind of information, it will likely rise to the surface eventually, but may cost you more in the long run if your attorney has to investigate the matter.

2. Do some of your own research

Before you meet with your attorney, you should organize your case into a very coherent and clear timeline and summary. Be sure to include any instances of domestic violence, issues involving your children and your financial information. Many of these facts will be dependent on your record keeping or memory. An attorney may be able to uncover some of these facts, but it will take longer and be more labor intensive. This way, when you sit down with your attorney, you have everything in front of you and can easily answer their questions about your marriage.

3. Be organized

Instead of waiting for the attorney to ask you for documentation, start collecting different types of documents even before you have filed for divorce. This can include titles or deeds to houses, cars and other property, bank statements, tax returns and your prenuptial agreement, if you have one. Having copies of these important documents will be good for you to have aside from the divorce as well.

4. Make your communication with your attorney as clear as possible
If your attorney is charging you for the time you spend on the phone, or the amount of time he/she spends reading an email, then it would be in your best interest to make sure that your communication with your attorney is concise and clear. This way, your attorney would not necessarily have to call you or email you back in order to clarify your original message.

5. Don't take short cuts

Sometimes short cuts seem cheaper, but in the long run, those short cuts could end up costing you more money. It may seem like it would be more cost effective to try to dissolve a complicated divorce on your own by dabbling in different internet resources or seeking advice from attorneys on an hourly basis, but it could backfire. Although there are instances where people have very competently represented themselves in a divorce, not having the right attorney represent your interests could actually be detrimental in many other cases.

If you're looking for a family law attorney in the Modesto, Stanislaus County area, you should contact the attorneys of Howard & Fei, LLP at 510.464.8083.

Monday, July 25, 2011

Coast to Coast Custody Share-- Impact on Modesto, Stanislaus County Parents and Their Children's Flights

Sometimes after the finalization of a divorce, a parent may choose to relocate to another city for a new job, to start anew, etc. That parent may have visitation rights to the child(ren), and this most likely means the child would have to travel between the two locations during summer breaks or the holiday season.

Obviously, the safest and most preferred way of travel for the child between parents is to have an adult accompany him/her. However, this is not the most convenient or cost effective way. More often than not, the child will have to travel on his/her own. Here are some tips for parents in preparation for the summer months and the start of the school year, when a lot of the traveling occurs:

-Prepare your child: walk your child through the entire flight process, even if you will be with him during part of it. This way, the child will be prepared if something does not go according to plan. Make sure that he has cash, a cell phone programmed with emergency phone numbers and even a written card with your information and his flight information (this can be tucked into his pocket, or even hung around his neck with a lanyard).

-Documentation: dropping your child off for a flight as an unaccompanied minor is significantly different than giving your friend a ride to the airport. You will have to walk him through check-in and security. Some airports will allow you to even walk with him to the gate and wait for the flight there. You will have to have documentation present, including your ID, his flight information and anything else that the airlines have requested.

-Food & Entertainment: if the flight is short, your child will likely not get a meal. Flight attendants may be busy with other passengers or other unaccompanied minors to tend to your child's needs all the time, so make sure that he has enough food to last the duration of the trip. Check with your local airport to see what items are restricted, such as containers of liquid over a certain size. You'll be surprised to discover what is actually considered to be a liquid! Be sure to pack enough entertainment through the entire flight. This can include coloring books, games, dolls, and even a portable DVD player. Just be sure that the entertainment will not be a distraction to other passengers.

-Costs: make sure that you are aware of all of the costs involved when you are booking the ticket. Some airlines may charge an additional fee for an unaccompanied minor for each way of the trip, and sometimes each leg of the trip. Even though it may be cost effective to schedule layovers in a cross country trip, it might be wiser to shell out the extra money so that your child won't have to try to figure out how to get to his connecting flight.

Having your child travel across such great distances is tough, but the time that your child will spend with the other parent will more than make up for any stresses caused by the trip.

The attorneys at Modesto & Bay Area law firm Howard & Fei, LLP can help you with your child custody and visitation plans, so call us at 510.464.8083 for a consultation today!

Friday, July 22, 2011

Family Law Attorneys Open Doors for Modesto & Stanislaus County Cases

Welcome to Howard & Fei, LLP's new blog! We hope that you'll check back here for more information about our attorneys, current events and informational articles about family law!

Desiree Howard and Jenn Yan Wen Fei are dedicated to their work and strive for excellence in every single case. We care about our clients and understand the trials and tribulations of going through a divorce. Even though we are based in the Bay Area, one of our attorneys, Jenn Yan Wen Fei, is from the Central Valley, and is dedicated to giving back to her hometown community. We are able to meet you in Modesto or Turlock for cases filed in Stanislaus County.

You can call our attorneys today at 510.464.8083, or you can email us at info@howardfei.com.