Practice Areas
Alimony
During and after the dissolution of a marriage, one spouse may be required to pay spousal support to the other spouse. Often called alimony, spousal support may or may not be mandatory.
The Law Offices of David M. Lederman is an experienced family law firm that has successfully guided many clients through the divorce process. We can explain the law as it applies to your situation and help you achieve your desired goal regarding spousal support.
Temporary Spousal Support
Upon separation, the court may award temporary spousal support to one spouse. The amount will be determined by guidelines in the law and will be based on income, living costs and other factors. Note, however, that the earliest date the court may make a spousal support order is the date that the party seeking support makes his or her request to the court by filing a motion.
The Law Offices of David M. Lederman will use the law to obtain the appropriate spousal support level for you.
Long-Term Spousal Support
Unlike the provision of child support, the court has wide discretion in the awarding of long-term spousal support. It will base its decision on fairness and equity. A skilled attorney can influence this decision by providing evidence and argumentation in the client's favor. If you want to include spousal support as an element of the overall settlement, our firm will work to achieve that for you.
Alternatively, a couple can opt out of long-term spousal support altogether. It may make sense to negotiate a particular property division settlement that includes a buyout or buy-down of support rather than an ongoing spousal support payment. This decision will hinge on financial considerations, the effect of taxation and the personal preferences of the spouses. We can evaluate your situation and help you make the decision that is right for you.
Special Considerations
If one spouse has sacrificed a career to allow the other spouse to advance in a career, this may result in a spousal support order. These can be highly complex and contentious cases. Our firm has experience in this area of the law and will work to protect your rights and interests.
Once it has been awarded, the level of spousal support may change if a substantial change in circumstances has occurred. In this situation, our firm can go to court to seek a modification in spousal support.
All Conflicts of Law
Conflict of Law: Where events occur in different jurisdictions or parties reside in different jurisdictions there may be a conflict over determing what law applies to the particular case. I strongly encourage people to have at least an initial consultation with an attorney to find out what your rights and obligations are before you make decisions that will affect the rest of your life, as well as the lives of others.
Child Custody
Most parents put child custody and visitation matters at the top of their priority list. They naturally want the best for their children and to participate in their children's upbringing.
The Law Offices of David M. Lederman is highly experienced in child custody matters. We work to protect our clients' rights and achieve their child custody goals.
We advise and represent clients in matters involving:
Child Support
California law provides for an orderly means of determining the child support level. The amount of support is set by a statutory formula. The level depends on factors such as the incomes of the parents and the child's residency time with each parent, adjusted for expenses such as health care, childcare and education costs.
The Law Offices of David M. Lederman places a high priority on obtaining the right child support level for our clients. We will work to obtain the child support payment that is correct, according to the facts and the law.
Our firm represents clients in matters involving:
- Determination of the child support level
- Modifications in child support
- Enforcement of child support orders
- Paternity as it relates to child support
Choice of Law
Cohabitation Agreements
Collaborative Family Law
Community Property Law
Complex Property
Conflict of Jurisdiction
Divorce
Divorce/Family Law - Many issues confront persons facing a divorce. Those issues include property rights, financial obligations to creditors, tax ramifications of a divorce, spousal support, and, most importantly, issues related custody of minor children. It is important and wise to educate yourself about these issues before making decisions regarding any of these issues. I strongly encourage people to have at least an initial consultation with an attorney to find out what your rights and obligations are before you make decisions that will affect the rest of your life, as well as the lives of others.
Domestic Relations
Domestic Violence and Property Restraining Orders
Equitable Distribution
Family Law
International Family Law
Interstate Family Law
In the past, each state had its own laws concerning interstate child custody cases. This allowed a parent to relocate a child to another state in an effort to find a more favorable venue.
Since then, each state has adopted the provisions of the Uniform Child Custody Jurisdiction Act (UCCJA) as its own law, subject to minor variations. This limits jurisdiction to the child's "home state" and other states having a "significant connection" to the child. Subsequent model legislation, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) gave priority to the child's "home state."
The Law Offices of David M. Lederman conducts an active practice in cases involving interstate child custody disputes. We know how to use the law in the protection of our clients' interests, and will energetically work to achieve your child custody goals.
Marital Agreements
Marital Property Distribution
Marital Property Law
The term "community property" generally refers to all assets and debts acquired during the marriage, with some exceptions. California law provides that community property (assets and debts) should be divided on a 50-50 basis.
In reaching a settlement, community property must be characterized, valued and divided. This can present some highly complex questions. For example, separate assets (those acquired before the marriage) can be combined and transformed into community property during the marriage.
- How do you trace these transformations?
- What is the true value of non-financial assets such as personal property and real estate?
- How do you "divide" a marital estate that consists primarily of a house and retirement assets?
- What property is not subject to equal division?
The Law Offices of David M. Lederman has extensive experience in all aspects of property division. We understand the law and the complexities inherent in the property division process, and will apply them to your case.
Marital Property Settlements
Parental Kidnapping
Parental Rights
Post Divorce Modification
Separation Agreements
Spousal Support
Visitation Rights