Author: seanmpatricklaw

How do I figure out my Child Custody Timeshare for Child Support in California?

Posted on by seanmpatricklaw

One of the major factors used in calculating California guideline Child Support is the amount of time that each parent spends with the minor child / children.  This is typically referred to as the “timeshare.”  This is also commonly referred to as custody percentage.  If the timeshare is incorrectly calculated, it will lead to a child support order that is higher or lower than the actual guideline support. 

Calculating the correct timeshare, or custody percentage, requires knowing the exact amount of hours the children spend with each parent on an average monthly  or annual basis.  This will be determined by the child custody and visitation arrangement that was ordered by the court or agreed to between the parties.  It may include weekend, weekly, or monthly visitation schedules and often will have some holiday, or vacation add on time that needs to be considered.

Start by writing down your basic parenting time or visitation schedule.  Add each of the hours up according to chart below and determine the average time that you spend with your child/ children.  

Period of TimeConversion
1 Day24 hours
1 Week168 hours
2 Weeks336 hours
1 Year8,760 hours
1 Year52 weeks
Every other weekend26 weekends/year
1st/3rd/5th weekends28 weekends/year

This process can be confusing.  It is always advisable to consult with an attorney when it comes to an issue of disputed child support and child custody issues.  The Law Offices of Sean M. Patrick has significant experience, and a winning track record on issues of child support, and child custody issues.  Contact our office today for a free telephone consultation.  

(916) 226-6062

https://seanmpatricklaw.com/contact-us/

Do I still have time to file a claim or lawsuit?

Posted on by seanmpatricklaw

Every state has its own time limits in which you are able to take legal action to redress a wrong.  These time limits are called statutes of limitations, and they vary according to the type of claim you wish to pursue. The law is inflexible,  and these time limits are generally inflexible, meaning if you do not file a lawsuit with the specified time you will be unable to recover for your injuries or damages.  

Below you’ll find California’s statutes of limitations for many common types of lawsuits. You should consult with an attorney to fully evaluate your potential claim, and determine which limitations period applies.

  • Medical malpractice actions: Three years from the date of injury or one year from the date of discovery of the injury, whichever occurs first. (There are exceptions for minors.)
  • Breach of an oral contract: Two years.
  • Breach of a written contract: Four years.
  • Personal injury claims (for example: dog bites, auto collisions, slip and falls, premises liability, motorcycle accident, wrongful death, etc.)  : Two years.
  • Employment Discrimination, Harassment or Retaliation:  Under California’s Fair Employment and Housing Act (age, race, sex, disability, national origin, etc.) – Claims must be initially filed with the Department of Fair Employment and Housing within one year of the discrimination/harassment/retaliation.  Once the DFEH issues a Right to Sue Notice, the claimant has one year to file a case in court. However, under federal rules, specifically under Title VII, ADEA and ADA, claims in California must be initially filed with the Equal Employment Opportunity Commission within three hundred days.  Once the EEOC issues a Right to Sue Notice, the claimant has ninety days to file a case in federal court.

For a free, no obligation case evaluation, contact the law office of Sean M. Patrick, Esq.

When should I consult an attorney after an auto accident?

Posted on by seanmpatricklaw

The question is often asked:  “I was just in a car accident, do I need a lawyer?”

Not every claim which you are considering against another party requires an attorney. The underlying facts of your particular circumstances will really determine when you need to involve the services of an attorney. For instance, if you are involved in an automobile accident which was not your fault and but did not sustain any injuries, then you may be successful in handling the claim without an attorney.  However, if you were injured, you will be best served by consulting with an personal injury attorney.

After the accident, the first thing to do is obtain as much information as possible regarding the other driver, the vehicle and the circumstances.  If possible get photos that document the damage to each vehicle.  At some point following the collision, insurance adjusters for each driver involved will contact you to obtain information about your claim, including your property damage, medical bills, lost wages, and medical records. Remember that the adjusters are there to evaluate whether a claim should be paid.  Although you should be honest, you must remember that any information that you provide especially statements, may complicate the process of settling your claim. Frequently, the insurance adjuster is seeking to prove your fault or diminish the value of your claim. In such instances, your best course of action is to retain an attorney before you speak with anyone regarding the circumstances of the collision. Even when fault is clearly placed on the other driver, adjusters may attempt to “low ball” you with an offer that is not fair for the injuries and damages you have suffered.

Another consideration regarding the decision to involve an attorney relates to the amount or availability of insurance coverage to pay your damages. If the person who has injured you (in a car accident or otherwise) has multiple types of insurance and policies, it is not always easy to discover that information. The person might have insurance with separate companies which the adjuster with whom you are negotiating is not aware.  An attorney will be able to discover this information and help level the playing field.

If you did not get injured, or if you suffer minimal injury or damages, it is frequently not worth getting an attorney involved.   You should not go to an attorney with the hope or thought that he will make your damages higher by helping you get unnecessary medical treatment from “plaintiff friendly” doctors. These types of claims not only cost you more in the long run, but also slow down the judicial system.

This does not mean that you should not get thoroughly checked out by your physician following an accident. If you are unsure whether you are injured you should consult with a medical provider for an evaluation.  Be honest with them and do not downplay or exaggerate your injuries.Sometimes injuries which at first seem minor, develop into serious life altering conditions. Do not assume that just because you are able to leave the site of any accident (automobile or other), that you are medically o.k. Get your own doctor to perform a thorough examination.

Contact the Law office of Sean M. Patrick for a free no obligation consultation for any of your personal injury claims.

California Child Custody and Visitation

Posted on by seanmpatricklaw
Custody in California
 
In California, there are two types of child custody that parents can have – physical custody and legal custody. These custody orders can be granted jointly or to a single parent. Custody can have a significant effect on the amount that a court will award for child support.
 
Physical Custody
 
Physical custody means the parents provide daily care to the child. When the court orders joint physical custody is typically synonymous with a 50-50 parenting time arrangement but it is not required for there to be 50-50 parenting time for there to be joint physical custody. So long as each parent has significant periods of time with the children, joint physical custody is appropriate. Typically joint physical custody generally has to be more than 35% and typically 40% or more but realize currently there are not any rules regarding this issue.
 
Legal Custody
 
Legal custody means the parents share the decision making responsibility regarding the child’s health, safety, education and welfare. If parents are awarded joint legal custody of a child, the court requires the parents to communicate and co-parent. Neither parent can make decisions that are important in a child’s life without involving the other parent and obtaining the other parent’s consent. These include decisions regarding health and medical, education, extracurricular activities, and anything that is of significance to the child. Even attendance in religious activities can be covered under a joint legal custody order.
 
However, joint legal custody does not necessarily prevent the judge from making orders over certain aspects of the child’s life. Often times, when one parent is far better equipped to make these critical decisions or the other parent is simply unfit to deal with such issues the judge will evaluate whether joint legal custody is the appropriate order.
 
Custody issues can be complex even where both parents agree. It is important to have a skilled family law attorney to help you through the process and evaluate how changing custody can affect other issues in your family law case.
If you have a California Custody case, Contact the Law Offices of Sean M. Patrick for a consultation regarding your rights under California’s laws regarding child custody and visitation.

California Retroactive Child Support

Posted on by seanmpatricklaw
Can I get Retroactive Child Support?
Retroactive child support is a child support award that allows the collection of payments before the order to pay was actually finalized (e.g. back pay for child support). Retroactive child support payments are different than late or unpaid child support payments that were previously ordered by the court.
 
In California, the court can award child support retroactive to the date the petition was filed, so long as the non-custodial parent is given notice that the other parent has filed a petition for child support.
 
There are significant limits on collecting retroactive child support in California. In most cases, retroactive child support will only be granted back to the date of filing if the non-custodial parent was served 90 days or less after the petition was filed, assuming that they did not deliberately try to avoid or delay service.
 
If service takes longer than 90 days, through no fault of the person being served, child support payments will be calculated from the date of service, not the date of filing.
 
Contact the Law office of Sean M. Patrick for a free consultation about your California Child Support or other family law case.