The El Dorado Hills Village Life Newspaper, created a special “Women in Business” edition which was published on January 25, 2012.
Among other businesswomen, Stockdale Law Firm, Inc. Managing Attorney Myrlys Stockdale was profiled in the special section.
“It’s always encouraging, especially in this challenging economy, to see so many dynamic women business owners and leaders in our community,” said Stockdale.
You can read/view the article on Stockdale here.
This week (January 1, 2012 to be exact) marks the effective date of a new law allowing children 14 years or older to provide input on custody or visitation matters in family court.
Specifically, the amendments to Family Code Section 3042 provide that the 14 or older child “shall be permitted” to address the court unless the judge determines that doing so would not be in the child’s best interest.
There has been a great deal of discussion in the family law community about whether the potential benefit of child testimony outweighs the potential detriment to the child and the parent/child relationship. In nearly 10 years, I have only had one instance where a judge received testimony from a teenaged child (age 16), and this was done in chambers.
Under this new law, child testimony could be heard in open court but the law provides protections to assure that the child’s testimony can be open and honest including closing the courtroom to the public, or taking testimony in chambers, and determining who can be present during the testimony.
It is important to note that this law is not a guarantee that your 14-year-old can testify. The judge can disallow the testimony and seek other means to obtain input from the child such as having the child participate in custody mediation, or a custody evaluation, or other reasonable means.
Lastly, the law does not prohibit a child under the age of 14 from testifying if the judge determines the testimony to be in the child’s best interests.
Myrlys Stockdale, Managing Attorney of the Stockdale Law Firm, Inc., has been named a finalist for the Outstanding Women Leaders (OWL) award.
The Sacramento Valley chapter of the National Association of Women Business Owners (NAWBO) will name the winners of the OWL awards at its 14th Annual Awards Gala on October 20, 2011. According to the NAWBO website, “this year’s nominees are the best of the best- amazing women leading small businesses, non-profits, and corporations; organizations that make our community a better place.”
“I am quite honored to join the company of so many dynamic women in our business community,” said Stockdale.
The OWL Awards are given to women in a number of categories:
Joyce Raley Teel, owner and Co-Chairperson of Raley’s Board of Directors, will be honored at the gala with the NAWBO Lifetime Achievement Award.
The awards gala is open to the public and tickets may be purchased here.
The Stockdale Law Firm is pleased to graciously accept the award of Best Lawyer/Law Firm in El Dorado Hills from the readers of the Village Life newspaper (in the April 27, 2011, Best of El Dorado Hills edition).
Our firm was founded by managing attorney Myrlys L. Stockdale in 2003. Since then, our presence in the El Dorado area has grown tremendously as has our fondness of the El Dorado Hills community we serve. Over the years, we have supported the El Dorado Hills Chamber of Commerce, the Rotary Club of El Dorado Hills, the El Dorado Hills Community Vision, Inc., the El Dorado Hills CSD, the El Dorado Hills Fire Department and many other local groups and events.
Thank you, El Dorado Hills; this is such an honor!
I have had clients who are divorcing or divorced, who encounter difficulties when they attempt to refinance their home and they try to include support payments they receive as income to qualify for their refinance.
According to a mortgage specialist, Bill Wolfe, who is part of my collaborative practice group, lenders are becoming more stringent about “qualifying income” in connection with refinancing as the result of a divorce. The resource specialist shared the current lending guidelines regarding support income.
Less than 12-months – If support (spousal/child/family) has been or will have been received for less than 12-months at time of the refinance application, then the support income, for loan qualification purposes, may not exceed 30% of the total qualifying income.
For Example: If an applicant has been receiving support payments for at least 6-months, but less than 12-months, and income of $5,000/month is needed to qualify, no more than $1,500 of qualifying income ($5,000 x 30%) can be attributable to support. If the refinance applicant has been the unemployed stay-at-home parent during the marriage and does not have a separate source of income, he/she will likely not be able to qualify to refinance until he/she has been receiving support for 12+ months.
More than 12-months – The 30% requirement is not necessary after 12-months of payments, but the lenders are looking more closely at reductions in support payments 3-5 years down the road.
Also, it is important to deposit your support check as a separate deposit transaction so it can be tied back to the support terms in the divorce or legal separation agreement. The support check(s) should not be combined with other checks/cash and cash should not be withdrawn as part of the deposit transaction. ATM deposits are not recommended.
Income and Expense Declarations (or Judicial Council FL-150) forms are used to determine a party’s monthly income and expenses, education and training, tax filing status, and the approximate values of his/her checking, savings, and investment accounts and personal and real property.
The Income and Expense Declaration can be required as part of the financial disclosures in a divorce or legal separation case, to file or respond to a support motion, or even at the request of theother party prior to the filing of a motion to modify support.
The form is four pages long and can be a daunting task for someone unfamiliar with gathering the required data and preparing the form. Our firm has prepared a step-by-step guide to completing your Income and Expense Declaration. To learn more, click here.
Both parties to a divorce or legal separation case in California are required by law to make certain financial disclosures to each other within a reasonable time after the initial papers (Petition and Response) are filed with the court. There are both preliminary and final disclosures.
In practice, it is strongly recommended that preliminary financial disclosures be completed and exchanged by both parties before moving forward with settlement negotiations. (How can you talk about dividing assets if you don’t have a complete picture of the community estate?)
Also, the California Family Code Section 2100, et. seq., sets forth the specific requirements regarding the duty of spouses to disclose material facts and information related to assets and liabilities, among other things.
The task of completing the disclosures can be a lengthy undertaking. Our firm has prepared a step-by-step guide to completing financial disclosures. To learn more, click here.
How do you find a divorce attorney who is right for you? It is important to interview different attorneys to make sure you find a good fit. You are about to entrust this person with one of the most important legal decisions you may face in your life; you should feel comfortable with your attorney. Read on for some things to consider.
Does the attorney discuss the law with you in a way you can understand? As you consult with each attorney, pay attention to the way the attorney explains legal concepts to you. Does the attorney talk as though you are a courtroom audience or does the attorney make sure you understand the law? Keep in mind that the attorney’s approach during the consultation may very likely be the attorney’s approach throughout your case.
What is the attorney’s case experience? Whether you are pursuing aggressive litigation or cooperative litigation which may result in agreements and stipulations outside of court, the experience in family law is important. Ask about:
How will you be billed? Each attorney has their own policies regarding client billing. At the outset of a case, you should understand how your legal fees will be billed. How is your trust deposit applied? Will you receive regular invoices? What is the minimum billed rate – is it 0.1 hours (six minutes), 0.25 hours (15 minutes) or more? Ask how you can keep your costs down.
Have there been any disciplinary actions taken against the attorney? California attorneys are regulated by the State Bar of California. You can review license and discipline information for every California attorney by visiting the State Bar’s website.
What is the attorney’s client communication policy? One of the most common complaints against attorneys is lack of communication or lack of timely communication. When can you expect a return telephone call from the attorney if you leave a message? Does the attorney communicate by email? What happens if the attorney is in a lengthy trial and you have a need to reach him or her? Is there a staff member who can assist you in the attorney’s absence?
Did the attorney make any guarantees about case outcome? It is risky to make promises regarding what will happen in a case. There are possibilities and probabilities, but no absolute guarantees at the outset of a case.
In addition to asking these questions, consider how the attorney makes you feel after your meeting. Do you trust that the attorney will handle your case well? Does the attorney put you at ease? If an attorney is not a good fit for you, keep interviewing until you find an attorney who is. I could make all the difference in your case.
The first in a series of self-help family law guides is now available online here. The 56-page guide includes step-by-step instructions and all the state forms needed to file for divorce, legal separation or annulment in California. Instructions and forms for responding to a filing are also included. The cost is $25.
Our firm wanted to provide an low-cost alternative to the increasing number of people who just cannot afford to hire an attorney in today’s economy.
This is the first of several guides to help the self-represented family law litigant navigate the court process. Completing the required financial disclosures will be the subject of the next guide, and it should be available next week. Our firm will add new guides about every two weeks.
This week has been deemed “Collaborative Week” by family lawyers who are raising awareness of collaborative law as a modern, constructive and respectful method of resolving disputes. Today collaborative family lawyers are asking separating couples who are concerned about whether their finances will survive their divorce to consider a collaborative divorce.
For more information and the entire story, click here.
