If you live in the South OC and are going through a divorce, child custody battle, or facing a spousal support hearing, consider scheduling a consultation with San Clemente family lawyer, Jason Smith. Mr. Smith represents men and women in family law disputes involving divorce, custody, support, and more.
Married with two children, Mr. Smith understands the emotional investment a person has in their family, and has seen the psychological toll a divorce can take. As a result, he always strives to obtain the fairest judgments for his clients and their children.
Continue reading the this page to learn more about choosing the right San Clemente family lawyer as well as some of the cases family lawyers handle. If you have questions about your own family law issue, contact Mr. Smith to see how he can help you.
Choosing the Right Lawyer
When it comes to choosing the right lawyer, first and foremost, you want to hire an honest and effective communicator. In cases where the divorcing couple can’t get along, and there are issues related to child custody and community property, it’s also recommended you hire a lawyer who can be sufficiently aggressive when necessary, and perform in a courtroom setting.
Before signing an agreement, you’ll also want to carefully consider your financial situation. Different lawyers charge different rate structures. For instance, some lawyers charge a flat fee, while others charge a retainer or hourly fee. It’s important that you are clear on how your lawyer bills clients so that there aren’t any unexpected charges after the finalization of the divorce.
What Does A Family Lawyer Do?
Mr. Smith takes cases involving the following practice areas:
Most dissolution cases involving property, debt, and children will require a formal divorce attorney. Mr. Smith can help. When it comes to California’s community property law, items and money accrued during the marriage are supposed to be divided equally between the divorcing parties. This is easier said than done. Mr. Smith can help you go through financial and property records and determine the fairest division of property possible.
Spousal Support and Alimony
Determinations of spousal support are guided by California Family Code § 4320. Under state law, when considering alimony the court must consider the earning capacity of each party and whether the amount earned is enough to maintain the standard of living established during the marriage.
In addition, the court must also consider things like the marketable skills of the supported party, the job market, as well as the ability of the supporting party to pay spousal support. There are a number of other factors that must be considered, all of which can be explained to you by your attorney.
California Family Code §3900 says that a father and a mother have an equal responsibility when it comes to supporting their minor children. When making a determination on child support, the court will also consider the financial situation of each parent. Whether you’re expected to pay or receive child support, a good lawyer can help you obtain the fairest order possible.
In cases where a person has fallen on hard times—either due to job loss, or the illness of a close relative—a family lawyer can help take the steps necessary to modify an existing child support order. In cases where a parent fails to make timely support payments due to neglect, a lawyer can help the other parent take the steps necessary to obtain back support.
Consulting a San Clemente Family Lawyer
Whether you live within walking distance of the pounding surf beneath the pier, or anywhere else in Orange County, Jason Smith is a skilled San Clemente family lawyer capable of helping you through your divorce, legal separation or child custody issue.
It’s important to remember that no webpage can adequately detail the subtleties of family law. If you have questions about your specific case, contact Mr. Smith to schedule a consultation.