Should I file for bankruptcy

Often, I am contacted by prospective clients asking if filing for bankruptcy is right for them.  Ultimately, that is a decision that only the client can make, but in deciding whether or not to file, it is important to look at what types of debt the client has and will a bankruptcy filing help them with that debt.

Not all debt is dischargeable in bankruptcy and even the ones that are might have limitations.  For that reason, the services of an experienced bankruptcy attorney can be invaluable.  While credit card debt is generally dischargeable, as are medical expenses, domestic support obligations are not dischargeable while the ability to discharge educational loans and tax debt is severely limited and requires special action on the part of the debtor.

Further, correctly applying the exemptions can be the difference between keeping your property and losing some of it to the creditors.  Self represented litigants often don't know how to apply the exemptions and can end up losing their property to a trustee sale.  I am asked frequently if filing for bankruptcy will result in the person (or couple) losing their property.  While it is possible that the client's property will exceed the exemptions and result in lost property, the exemptions are in existence to give the debtor the opportunity to start over while having assets to assist them. 

The services of an experience bankruptcy attorney can be of great help to debtors and the cost is not as high as many think.  The cost of doing your bankruptcy wrong, however, can be very high.  For this and many other reasons, we strongly recommend speaking with a bankruptcy attorney before filing.

Calculating Child Support in California

Unlike other states, which use a fixed percentage of income for purposes of determining support, or states which have a specific amount per child, California uses a complex equation which is listed in Family Code Section 4055.  It takes into account the income of both parties, the timeshare, and other relevant factors (as determined by the California State legislature).  In common practice, however, child support is never calculated by use of this equation directly.  In California, private practice attorneys often use a computer program called a DissoMaster (published by Thompson/West) while the Department of Child Support has its own program which is available free of charge on the State's website: Child Support Calculator

In practice, the two programs tend to differ slightly for reasons that aren't clear (in fact, two DissoMasters, with the same numbers used, can still come up with different numbers for support), but where they differ, the state program is required to be followed in all Department of Child Support cases.

Oftentimes, prospective clients will come to me upset over the amount of support they are obligated to pay.  As I tell them, the argument in determining support should be focused on the numbers put into the calculation, not the number which comes out.  If you agree with the amounts that are used in the calculation (income, visitation, child care expenses, etc.), then whatever the support amount calculated is, that is what the order will be.  For that reason, it is very important that an accurate assessment of the incomes of the parties, their expenses, and the actual time share exercised, be determined before calculating support.