Frank J. Prainito

Posts Tagged ‘family law attorneys’

Will I receive spousal support?

Posted on: April 5th, 2017 by admin

The purpose of spousal support is to maintain a standard of living that is near that which was established during the marriage. Temporary orders are often put in place during the separation and divorce process, while ongoing orders would accompany the final divorce decree.

Many people believe California law creates an absolute right to spousal support. However, far from being an entitlement or simple calculation, spousal support is based on a set of 14 factors with the court having wide discretion over their interpretation of these factors. These factors include:

  • The extent to which each of the parties themselves is capable of contributing to the established standard of living.
  • The extent to which the lesser earning spouse supported the higher earner while they were establishing themselves and their earning capacities.
  • The supporting spouse’s ability to pay, as determined by the current situation, not past or future earnings or potential earnings.
  • The needs of each of the parties with respect to the established standard of living.
  • The parties assets and debts, including those that are not mingled within the marriage.
  • How long the marriage lasted. Generally speaking, the longer a spouse may have been out of the workforce the more likely the need for spousal support.  
  • Impact on dependent children for the supported to attain worthwhile employment.  
  • Age and health of each of the parties. This factor may also come into play as to the duration of the support order.
  • History of domestic violence between the parties.
  • Tax implications.
  • The balance of hardships between the parties, their needs and obligations, and the impact of the support order itself.
  • The goal that the supporting spouse will become self-sufficient within a reasonable amount of time.
  • The criminal conviction of an abusive spouse.
  • Any other factor the court determines to be relevant.

In addition to the above factors, it should be noted that it is a stated goal of California that each of the parties makes a good faith effort to become self-sufficient.

If you would like to learn more about your individual situation, or to schedule a free consultation contact the offices of Hoover Krepelka Family Law Attorneys at (408) 389-7099 to speak to one of our skilled professionals today.

Seeking Child Custody in California When You Are Not Married

Posted on: March 17th, 2017 by admin

Generally speaking, California law gives a legal presumption that a husband and wife are the parents of a child born into that marriage. California Family Code Section 7540 reads in part as:

“Except as provided in Section 7541, the child of a wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to be a child of the marriage.”

When a child is born to unwed parents, however, the child does not have a legal father until parentage, sometimes called paternity, is legally established. This effectively means the unwed mother’s custody rights are a given and unwed fathers have neither rights nor responsibilities to their children until their parentage is established. (more…)

Am I Entitled to Spousal Support?

Posted on: February 28th, 2017 by admin

Spousal support, the term used nowadays for what was once called alimony, is fairly simple as a concept. The idea is that if you get divorced, and you do not have the skills or abilities to take care of yourself and live at the same standard you were accustomed to, your spouse must make regular payments to help if they can afford to do so.

If you’re getting divorced in California, you may be wondering if you’re entitled to this kind of support. The answer is that it depends on the court. (more…)

What is a Marriage Settlement Agreement?

Posted on: February 3rd, 2017 by admin

A marriage settlement agreement is a written agreement between divorcing couples detailing their mutual agreement on the terms of their divorce.

The vast majority of divorces are able to be settled without a trial, and most courts will encourage, possibly even order the couple to attempt an agreement through such means as negotiation or mediation. Once reached, the agreement can then be reviewed by the court for fairness and either merged with or incorporated into the divorce decree. (more…)

Three Major Elements That Can Make Divorce Very Nasty

Posted on: January 26th, 2017 by admin

Watch as Travis Krepelka of Hoover ♦ Krepelka, LLP speaks about the three major reasons divorce can be a very expensive decision. Tune in for the next bit of advice Travis gives, or visit hooverkrepelka.com to speak with a Hoover ♦ Krepelka, LLP. attorney.

Divorce Filing Spikes in January – Travis Krepelka’s First 2017 Blog Post

Posted on: January 12th, 2017 by admin

Travis Krepelka of Hoover ♦ Krepelka, LLP shares his first blog video of 2017. In this video, he shares information on divorce spikes in January, consistently.

Change In Circumstances To Modify Child Custody Orders

Posted on: January 9th, 2017 by admin

When seeking to modify child custody orders, the parent requesting the change must first prove to the court that a significant change in circumstances has occurred since the last order was issued. This is often a high hurdle to pass, as it requires a showing, that it is not just a good idea to change the order, but rather, that it is in the best interests of the childthat the order is changed.  This may be especially true if the current order is a recent one.

While Judges have wide discretion in determining what constitutes a significant enough change, it will likely not be enough for the parent seeking the change simply to show that they are doing better, perhaps because of a new job, or purchasing a larger home.  Parents usually must show something has materially changed that is directly affecting the child in a negative manner, or that it certainly will in the future. (more…)

James J. Hoover Becomes Certified Member Of Lawyers Of Distinction

Posted on: December 7th, 2016 by admin

Lawyers of Distinction LogoThe Lawyers of Distinction is pleased to announce that James J. Hoover of Hoover ♦ Krepelka, LLP, has been certified as a member.  The Lawyers of Distinction is recognized as the fastest growing community of distinguished lawyers in the United States. Membership is limited to the top 10% of attorneys in the United States.  Members are accepted based upon objective evaluation of an attorney’s qualifications, license, reputation, experience, and disciplinary history.

Mr. James J. Hoover represents individuals in all aspects of family law matters, including but not limited to, dissolution of marriage, legal separation, child custody and visitation, child support, spousal support, property identification, characterization, valuation and division, breaches of fiduciary duties, domestic violence, reimbursement claims, premarital and postnuptial agreements and related family law matters.  Applying his many years of experience, Mr. Hoover skillfully settles and if necessary, litigates all of the above family law legal issues.
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Testimonial by: Amanda N.

Posted on: November 17th, 2016 by admin

“I was referred to Hoover Krepelka by a friend, and I’m glad I chose this firm. Travis is extremely knowledgeable, straightforward, and honest, even if you don’t want to hear it. He’s not going to waste your time, and money, trying out strategies that aren’t going to work. They handled my case well and got me the outcome I wanted in the end. As a team, Travis and Kara did everything right! You can’t go wrong with this team!”

— Amanda N.

Hoover Krepelka Proudly Welcomes Julia B Bressman To Our Team

Posted on: August 23rd, 2016 by admin

Hoover Krepelka, LLP proudly welcomes Julia B Bressman to our team of family law attorneys. Julia’s experience and aptitude for family law make her a valuable addition to the firm. Julia’s first week began with her managing one of the very first hearings at the brand new Family Justice Center Courthouse in downtown San Jose. Thank you for coming in running and welcome aboard Julia!

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