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San Diego Divorce Lawyer James D. Scott Explains High-Income Divorce

If you make $1,000,000 per year, with one child, the Guideline law could calculate that this single child needs $6,500 per month for support. We think that is absurd. Extra Ordinarily High Income is a term found in Family Code Section 4057. This label of extra ordinarily high income begins at about $1,000,000 per year. At our San Diego divorce and family law firm, we can discuss with you how you may qualify for a deviation down from that harsh guideline on child support.

Professional athletes and executives have unique needs that we understand. Although Scott Family Law, San Diego divorce lawyers, practices at all levels, including charity cases and we provide judge pro tem services to the court at no charge, our niche is representing baseball, football and basketball players and executives in child support and family court. We have decades of experience in these types of cases and our clients come from Northern California to Southern California, Houston, Boston and Minneapolis.

We have carved out a niche specialty in professional athlete divorces. If you are an agent, a manager, a player or an executive, give us a call.

As a certified divorce specialist in San Diego, I wrote the book entitled 100 Favorite California Family Code Sections and 105 Laws of Evidence. It’s widely used by family lawyers throughout California. Our San Diego family law firm provides a copy of the book to everyone who interviews in the office. These laws or Code Sections are written in Sacramento and signed into law by the Governor. The Code Sections are interpreted by courts of appeal and the Supreme Court.  Since we must follow the decisions of those higher courts too, my readers find the book perfect for quick references.  I summarize the laws and state the cases from the higher courts. By looking at the law in the book, my people are in a better position to make educated decisions.

When it comes to high income divorce and California divorce law, we know the family codes inside and out. We can protect you and your assets, including estate planning and more.

We’re Scott Family Law. Let us come along side and help you in your San Diego divorce case.

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San Diego Divorce Lawyer James D. Scott Explains High-Income Divorce

James D. Scott, founder of Scott Family Law, a San Diego based divorce and family law firm, and author of 100 Favorite California Family Code Sections and 105 Laws of Evidence explains the California laws for high income divorce.

If you make $1,000,000 per year, with one child, the Guideline law could calculate that this single child needs $6,500 per month for support. We think that is absurd. Extra Ordinarily High Income is a term found in Family Code Section 4057. This label of extra ordinarily high income begins at about $1,000,000 per year. At our San Diego divorce and family law firm, we can discuss with you how you may qualify for a deviation down from that harsh guideline on child support.

Professional athletes and executives have unique needs that we understand. Although Scott Family Law, San Diego divorce lawyers, practices at all levels, including charity cases and we provide judge pro tem services to the court at no charge, our niche is representing baseball, football and basketball players and executives in child support and family court. We have decades of experience in these types of cases and our clients come from Northern California to Southern California, Houston, Boston and Minneapolis.

We have carved out a niche specialty in professional athlete divorces. If you are an agent, a manager, a player or an executive, give us a call.

As a certified divorce specialist in San Diego, I wrote the book entitled 100 Favorite California Family Code Sections and 105 Laws of Evidence. It’s widely used by family lawyers throughout California. Our San Diego family law firm provides a copy of the book to everyone who interviews in the office. These laws or Code Sections are written in Sacramento and signed into law by the Governor. The Code Sections are interpreted by courts of appeal and the Supreme Court. Since we must follow the decisions of those higher courts too, my readers find the book perfect for quick references. I summarize the laws and state the cases from the higher courts. By looking at the law in the book, my people are in a better position to make educated decisions.

When it comes to high income divorce and California divorce law, we know the family codes inside and out. We can protect you and your assets, including estate planning and more.

We’re Scott Family Law. Let us come along side and help you in your San Diego divorce case.

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How Do Divorce Lawyers In San Diego Handle Complex Divorce Cases?

How Do San Diego Divorce Lawyers Handle Complex Divorce Cases?

San Diego divorce attorneys help clients from all backgrounds, with all sorts of needs and who need assistance with a plethora of different issues.  Basically, many divorce cases are anything but simple, and complicated divorce cases can lead to added stress, delays and expense for the parties involved with them unless experienced San Diego divorce lawyers are involved who understand how to work through these complicated cases to obtain a resolution.

If you feel that your divorce case will be one that’s complicated and involve several different issues that could be impediments to a solution to the matter, you should seek the help of San Diego divorce attorneys who have experience in these matters.  Below is a brief look at just two of the many issues that could arise in this context.

Stock Options

Many divorce cases involve situations in which one party has stock options through his or her employer or a business in which he or she has at least a share.  It is not easy to separate assets between the parties as the law requires without the help of professionals who can place a proper valuation on these intangible assets in order to come to a fair solution.  Experienced San Diego divorce lawyers will have access to those professionals so that this step can be taken in an efficient manner.

Public Figures

For many people who live at least part of their lives in the public eye, a divorce case can be damaging to their reputation and perhaps their business interests, particularly if such a case would lead to a feeding frenzy by the media.  Experienced San Diego divorce attorneys will be able to help the parties work through this process legally, civilly and without the publicity that can lead to an antagonistic case and much more in the way of time required and expense.

Generally, there are many different issues that can arise that can make any divorce case complex.  If you feel that your divorce will be one that involves different types of complications, you need to take steps to make sure that you have San Diego divorce lawyers working on your behalf who understand these complexities and how to work through them with your interests in mind.  Contact the Law Offices of James D. Scott today to schedule an initial consultation.

James D. Scott is the senior partner at Scott Family Law, san diego divorce and mediation attorneys. Visit them at http://www.scottfamilylaw.net/

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Why Husbands And Wives Should Have Prenuptial Agreements

By James D. Scott, CFLS

Commonly Heard Phrases Indicating Agreement and Compromise Between Spouses:

Prenuptial Agreement

Antenuptial Agreement

Marital Agreement

Post-Marital Agreement

Marital Settlement Agreement

Stipulation to Judgment (more…)

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Why Would You Not Mediate Your Divorce With All These Protections?

By James D. Scott, CFLS, Copyright 2007
California Evidence Code Sections Related to a Mediation Privilege that Keeps Divorce Talks Silent

§ 703.5

“No mediator is competent to testify.”

§1115[a]

Definition of Mediation: A neutral person facilitates communication.

§1115[b]

A Mediator is a neutral who conducts mediation.

§1115[c]

Mediation consultation is a broad definition including intake communications.

§1119

Mediation privilege written in oral communication inadmissible.

§1119[a]

Nothing said in mediation is discoverable or admissible in evidence.

§1119[b]

No writing prepared for mediation is admissible or subject to discovery.

§1119[c]

All communications, negotiations, and discussions are confidential in mediation.

§1120

Evidence admissible or subject to discovery outside mediation is not inadmissible because of the mediation.

§1121

No mediator’s report or findings may be submitted to the Court.

§1122

Communications and writings may be admissible if the parties agree in writing.

§1123

Business settlement agreements prepared in mediation may be disclosed if the agreement is enforceable or binding or words to that effect; or the parties agree in writing; or the agreement is used to show fraud, duress, or illegality that is relevant to an important issue.

§1124

An oral agreement from mediation is not made inadmissible if,

in accordance with §1118:

the oral agreement is recorded by a court reporter, tape recorder or other,

the terms are recited on the record,

the parties express on the record they agree to the terms recited,

the parties state on the record the agreement is enforceable,

the recording is reduced to a writing signed by the parties within 72 hours.

§1125

Mediation ends when:

  1. Parties have a written settlement agreement.
  2. An Oral agreement resolves the dispute.
  3. Mediator terminates mediation in writing.
  4. Either party sends a written termination notice.
  5. For 10 days there is no communication between the Mediator and the parties.

NOTE: Parties may execute a partial written settlement, an oral agreement may partially resolve the dispute per §1118, either party may end mediation without an agreement.

§1126

Protection before and after mediation: anything said or any writing is inadmissible and protected from disclosure before mediation ends and to the same extent after mediation ends.

§1127

A person who erroneously subpoenas or tries to get a mediator to testify or produce writing is subject to an award of reasonable attorneys fees in favor of the mediator.

§1128

Any reference to mediation during a subsequent proceeding is grounds for vacating or modifying the decision in that proceeding.

§1152

Offers to compromise are privileged.

§1152[a]

All settlement discussions and offers are privileged.

(more…)

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Who Pays For Transportation When The Child Moves Across Country?

By James D. Scott

When the parent with the most child sharing time moves across the country, extra efforts must be made for the child or the children to keep frequent and continuing contact with the parent and other family members who remain behind. (more…)

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Understanding the Discovery Process and Your Rights

By James D. Scott

Under California law, the Family Court is required to divide community assets and community liabilities equally1 between the parties, unless the parties have entered into a property settlement agreement that sets forth a different arrangement. An attorney must identify and place a value on all community assets and liabilities. If this information is suspect, various procedures of investigation are available under the laws that are commonly called “discovery.” (more…)

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“I Thought Our House Was Community Property – Buyer Beware!”

By James D. Scott

In today’s real estate mortgage market, one spouse often has better credit than the other spouse. In order to obtain a more favorable interest rate on a mortgage, one spouse will quit claim their interest in the house to the other spouse as their sole and separate property. This form of title is often demanded by the lender. The house is being purchased during the marriage and the married couple believes in good faith the house is community property. (more…)

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