Pamela Wright, ESQ.

Does A Homemaker Have A Right to the Pension and Retirement Plans in a Divorce?

Listen Up, in California a pension and/or retirement plan acquired during the marriage is community property which means it belongs 50/50 to husband and wife.  Also, any pension and/or retirement plan previously owned by your spouse before marriage but which has grown during the marriage has a community property interest which belongs 50/50 to husband and wife. 

Please do not be confused about your rights and entitlement to 50% of the community property interest in a pension and/or retirement plan.  For example, let's assume Monica married Michael and was a homemaker during their 9 year marrige.  Also, let's assume Elizabeth married Edward and was a homemaker during their 25 year marriage.  During these marriages only the husbands worked outside the home and earned incomes that contributed to the pension and retirement plans. 

When it comes time to divide the pension and retirement plans Michael tells Monica, "That's my pension, you didn't work for it and you don't have any right to it.  I don't care what the law says, the law is wrong, you're not entitled to any of my pension and retirement benefits."  Edward, on the other hand, doesn't outright deny Elizabeth's interest in the pension and retirement plans but he won't talk to her about it or respond to her requests for information about it.

The above scenarios play out all the time all over LA County, California and beyond.  I'm writing today for all those in California confused about their interest in what should be called "The Family Pension and Retirement Plans."  A homemaker has every right to share equally in any pension and/or retirement plan that builds during the marriage (unless of course their was a prenup providing otherwise).  Statistics show that many women's economic standard of living goes down after divorce while many men's standard of living goes up.  In a divorce, a homemaker must make financially wise decisions to protect her assets, build her financial portfolio and secure her future.  And if she has children, she must protect her children's economic future too.

Is anyone wondering what happened in the above scenarios?  Well, Monica gave in to Michael's ranting and let him keep the pension and retirement plans.  She did not get the assets she was entitled to and deserved in their divorce settlement.  To this day, she regrets the decision.  On the other side of town, Elizabeth counts her blessings every day.  During the divorce Elizabeth stood her ground, hired a good lawyer, and got the divorce settlment she was entitled to and deserved. 

Pam

5 Things You Need to Know Before You Go to Court

Here's an article I wrote to empower people who cannot afford an attorney and must represent themselves in Family Law Court.

5 THINGS YOU NEED TO KNOW BEFORE YOU GO TO COURT

#1

Know Your Credibility Is Under Examination

As soon as you walk into a courtroom your appearance and behavior is on display for all to see.  When your case is called the judge will be observing you -- your appearance, clothes, hair, makeup and  behavior.  As soon as you speak the judge will be listening to the way you communicate.  The judge will be observing and listening to you in order to evaluate your credibility and make a determination about whether he or she finds you believable and trustworthy. 

Therefore, dress conservatively, speak clearly and be on good behavior when you go to court.

#2

Know Your Facts and Legal Issues

What is your case about?  What are the facts and legal issues?  You need to know the answers to these questions before you go to court.  In a divorce case, a person may be dealing with issues regarding divorce, child custody, child visitation, child support, spousal support, property distribution and attorney’s fees and costs.

You will not have long to tell your story in court.  Be prepared.  Write down your facts and legal issues for quick reference before you go to court. 

#3

Know the Law

What law is applicable to the legal issues in your case?  Your facts will determine your legal issues.  If you are not familiar with the laws governing your legal issues you must conduct legal research or hire an attorney to do so before you go to court. 

The Los Angeles County Law Library has tons of books filled to the brim with good information.  This place is a gold mine for those who need to conduct legal research.  The Law Library’s address is 301 W. First Street, Los Angeles, California 90012 and its telephone number is 213.629.3531  Go to www.lalaw.lib.ca.us if you want to find the Law Library online.

#4

Know Your Evidence

What proof do you have that supports your legal position?  Are there witnesses, documentation, bills, receipts, photographs, etc. that support your legal position. 

You must tell the judge why he or she should rule in your favor.  The evidence is used to support your legal position.  For example, in a child custody case one parent may be claiming that the other has a drug problem and is unfit to take care of the kids.  In order to support this accusation, the parent making it  would benefit from having witnesses who have seen the other parent using drugs.   

#5

Know How Your Judge Rules

It is important to have an idea of how your judge tends to rule on cases before you go to court.  You could sit in on a hearing in your judge’s courtroom before the day of your hearing to get an idea how she or he rules. 

If you’re wondering how attorneys get this information, here’s what they do:  1) Attorneys have access to databases that provide judicial profiles about judges, 2) Attorneys talk to other Attorneys to get the scoop on how judges rule and 3) Attorneys will sit in on a court hearing to get an idea of how their judge tends to rule.

It’s worth your time to find out how your judge tends to rule on cases before you go to court so you can prepare your case accordingly.

Copyright 2007, Pamela Wright, All rights reserved. 

Information is power when used skillfully!

Pam

 

Child Custody, Best Interest of the Child & Britney

As some of you know, Britney Spears' lawyers went back into court yesterday to increase her visitation with her sons.  And they did accomplish this goal.  Yesterday's move was aggressive and strategic. In family law it is vital to regain visitation as quickly as possible once it has been taken away because there are family law judges who like to preserve the status quo, if children are doing well under it, when it comes time to consider increasing a parent's visitation. 

In California, the judge is supposed to make court orders that are in the "Best Interest of the Child."  Family Code section 3011 sets forth factors the judge must consider in making a determination of the Best Interest of the Child.  One of the factors to be considered are the health, safety and welfare of the child.  The judge must look at all the admissible evidence and make determinations that promote the health, safety and welfare of the child because this is in a child's best interest. 

As Commissioner Gordon makes rulings in Britney Spears and Kevin Federline's child custody case, he will be doing so within the framework of What's in the Best Interest of the Child pursuant to Family Code section 3011.  This is a standard that all judges are supposed to use in making child custody orders in the family law court.

Pam

Introducing Family Law LA

I've been thinking about writing a blog for months.  This week's blowup in the Britney Spears child custody case kicked off a whirl of conversation and debate in my little world of lawyers, moms, paralegals, friends and legal assistants.  This case will bring national attention to the complexity and drama surrounding a child custody case. 

Family Law LA is on a mission to share helpful information.  This information is not legal advice and does not create an attorney-client relationship.  This blog is for informational purposes only.  In Family Law, you see everything from the happy soon-to-be married couple sitting in your office discussing their Prenup to the soon-to-be divorced couple who cannot let go....  Whether the facts are pretty or pretty ugly, there's always something to be learned in family law. 

In a child custody case, one thing a parent must remember is -- Follow the Court Orders.  And if you do not like the court orders, explore the law to see if you have a basis to get them modified.  Having said that, I wish Britney all the best in rehab and hope she gets clean for herself as well as her kids.

Pam