teamworks@stacerlaw.com

Meet The Experts: Joseph J. Park

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Divorce can be a complex and emotionally challenging process, often involving significant life changes. One crucial aspect that should not be overlooked is your estate plan. Preparing or updating your estate plan before your divorce is finalized can help protect your interests and ensure your wishes are honored during and after the divorce. Here's why it's essential and how to get started.

Why Update Your Estate Plan Before Divorce?

1. PROTECTING YOUR ASSETS:
Divorce proceedings typically involve the division of assets. Updating your estate plan can help protect your individual assets and ensure they are distributed according to your wishes, rather than being subject to unintended consequences due to outdated documents.Sad family going through a divorce

2. DESIGNATING BENEFICIARIES:
You may want to change the beneficiaries of your will, life insurance policies, retirement accounts, and other financial instruments. Ensuring that your estate plan reflects your current wishes can prevent your soon-to-be-ex-spouse from receiving assets you no longer intend for them.

3. GUARDIANSHIP OF MINOR CHILDREN:
If you have minor children, it’s crucial to update your estate plan to specify who should become their guardian in the event of your death. This decision is particularly important during divorce, as your previous choice may no longer be appropriate.

4. HEALTHCARE DIRECTIVES AND POWER OF ATTORNEY:
Review and update your healthcare directives and power of attorney documents. You might not want your estranged spouse to make healthcare or financial decisions on your behalf if you become incapacitated.

5. AVOIDING LEGAL COMPLICATIONS:
Updating your estate plan before your divorce is finalized can prevent legal battles and complications later on. Clear and current documentation can reduce misunderstandings and conflicts among family members.

Steps to Update Your Estate Plan

1. Review Your Current Estate Plan:
Begin by reviewing your existing estate plan documents, including your will, trusts, power of attorney, healthcare directives, and beneficiary designations.Stressed divorcing couple

2. Consult an Estate Planning Attorney:
Work with an experienced estate planning attorney who understands the nuances of divorce law. They can provide valuable guidance on how to update your documents appropriately and ensure compliance with state laws.

3. Revoke and Replace Old Documents:
Formally revoke outdated documents and create new ones that reflect your current wishes. This may involve drafting a new will, updating trust documents, and changing beneficiary designations.

4. Update Beneficiary Designations:
Contact your financial institutions, insurance companies, and retirement plan administrators to update your beneficiary designations. Ensure all relevant accounts and policies reflect your new choices.

5. Communicate Your Wishes:
Inform your family members, executor, and other relevant parties about the changes to your estate plan. This communication can help avoid confusion and ensure your wishes are carried out smoothly.

6. Regularly Review and Update:
Even after your divorce is finalized, continue to review and update your estate plan periodically, especially after significant life events such as remarriage, the birth of a child, or changes in financial status.
Conclusion

Taking the time to update your estate plan before your divorce is final is a proactive step that can provide peace of mind and protect your interests. By addressing these important matters early, you can ensure that your assets are distributed according to your wishes and that your loved ones are taken care of in the way you intend.

For personalized advice and assistance with updating your estate plan, contact attorney Joseph Park at Weiner Law firm. Secure your future and safeguard your legacy by making informed decisions during this transitional period.

Joseph Park, estate planning attorney

 

 

 

Joseph J. Park Esq
Email: Joe@weinerlegacylaw.com
Phone: 858-333-8844

 

Meet The Experts: Lisa Claycomb

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Divorce is most likely one of the most stressful life events you will experience. You don’t have to do it all alone!

We have the tools and resources to help you with our legal experience and knowledge, but we also partner with experienced individuals who are experts in their fields and can assist you with various topics, including real estate, financial planning, therapy etc.

Family law problems can become so expensive and drag on seemingly forever. Having a financial plan in mind is extremely important, when it comes to distributing assets, retirement accounts, developing a budget and plans moving forward. That’s why services of an experienced financial planner are more than welcome to make the process run smoother.

Lisa Claycomb is a financial planner and insurance broker at LGC Financial. She launched her company after years of working in the market, after she had found that so many people are unclear about the inner workings of Medicare and Social Security, as well as concerned about what their financial future holds for them. That is especially prominent when it comes to her clients going through a divorce.

SERVICES TO HELP DIVORCING CLIENTS:

1. Calculate the value of different categories of assets to assist client in ensuring an equitable distribution of marital assets.

Example Scenario: A divorcing couple has significant retirement assets, held in ISO’s, Traditional IRAs, 401(k)s, and other accounts. Typically, spouses will try to divvy up these assets based on the amount held in each account. However, the tax consequences of the different account can result in a very significant inequitable distribution. Lisa helps clients factor in those tax consequences so they can negotiate the division of assets from a knowledgeable perspective that results in an equitable outcome.

2. Assist clients in transferring retirement account assets (split through a QDRO) into their own name and managing those assets to meet retirement goals.

Example Scenario: Divorcing spouses own retirement assets that are being divided through a qualified domestic relations order (QDRO). A non-owner spouse typically down not know how to transfer that money into his/her name and invest/manage it to meet retirement goals. Often, the financial entity that holds the employee’s retirement account will simply create a  new account in spouse’s name and move the QDRO defined portion of assets into the new account. Many times there is no one to advise the new owner spouse regarding goal setting and retirement planning. Lisa Claycomb helps clients create a financial plan that will outline the steps that need to be taken to set and meet their retirement goals, and design their desired retirement lifestyle.

3. Developing a budget and financial plan going forward.

Example Scenario: Typical families have one spouse that handles the finances and pays the bills and the other spouse handles different household affairs. When they divorce, the non-financial spouse can feel lost and out-of-touch with money management. Lisa Claycomb helps clients create a net worth statement and a statement of cash flows so they have a accurate picture of where they are financially at the time. Then she helps you create a budget, retirement goals, and a financial plan to set you on the right financial track.

4. Gathering necessary legal and financial documents prior to separation and calculating financial resource needs during the divorce process.

Example Scenario: People who are contemplating divorce will sometimes consult an attorney prior to actually separating from their spouse just to get a feel for what they need to do. I guide clients in gathering necessary legal and financial documents such as tax documents, retirement account statements, bank account information, life insurance policies, brokerage account statements, powers of attorney, and other information that will be important to have during the divorce process. We also create a budget so they don’t get into a position of having to inequitably settle simply because they are out of money.

Lisa Claycomb, Financial Planner and Insurance Broker, LGC Financial

Lisa offers COMPLIMENTARY CONSULTATIONS and PORTFOLIO REVIEWS, in addition to the following services:

  • Comprehensive Financial Planning
  • Retirement account rollovers (401k, 403b etc.)
  • Wealth Management
  • Medicare Education and Insurance
  • Long-Term Care Solutions
  • Life Insurance
  • Annuities – Fixed and Variable

 

 

Visit her website at www.lgcfinancial.com for more information or give her a call at .

 

 

Meet the Experts: Silver Linings Transitions

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Divorce is most likely one of the most stressful life events you will experience. You do not have to do it all alone!

We have the tools and resources to help you with our legal experience and knowledge, but we also partner with experienced individuals who are experts in their fields and can assist you with various things, including real estate, home relocation, financial planning, therapy etc.

We understand that the idea of moving or selling your house during or after a divorce sounds completely overwhelming. That’s why we are more than happy to recommend the services of Silver Linings Transitions.

Whether you need help with organization, staging and preparing your home for the real estate market, as well as moving into a new home, de-cluttering, downsizing, unpacking and organizing your new space on your move-in day, the experienced team of Silver Linings Transitions is here to help you make the transition easier.

Their team partners with Realtors who understand the divorce process and can help you sell your marital home or move into a new one, with minimal stress or complications.

 

“To make the adjustment easier, we recreate spaces including children’s rooms. We can also help divide belongings in a neutral way and coordinate the move and packing/unpacking for one or both parties. We use color coordinated bins to easily organize simultaneous moves”, Jami Shapiro says. She is the president and the founder of Silver Linings Transitions, who chose that specific name in alignment with the company’s goal to find the “silver lining” for those facing a move, as well as to be a compassionate and understanding resource for adult children who need to move their parents.

They would love to hire individuals who are returning to the workforce after a break, those needing a flexible schedule to accommodate kids in school, and those who would benefit from a compassionate work environment among team members who have been through similar experiences.

For more information about their services, visit their website here https://silverliningstransitions.com/ or give them a call at 760-522-1624 for a FREE consultation.

 

Johnny Depp vs. Amber Heard

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WHY MEDIATION?

Johnny Depp and Amber Heard – while headline grabbing fights between media celebrities are not unusual, how would you like the gritty details of your divorce or custody fight to be available for order online – open to anyone that wants to look you up or do a background check for employment?

 

Hands fighting for money
 

At Team Works, we have done more than 4000 mediations, striving to reduce the amount of your personal information in the court‘s public file to a minimum. You know why that is more important than ever, now?

 

 

Because for the last several months, anyone can look up your name online, get your case number, and then order for delivery through the mail, copies of any and all of your divorce documents. Scary, huh?!

 

We make divorce simple. We save you money. We take care of you.

Team Works, the team that works for you.

 

Jefferson Stacer – Our business is people.

 

 

Kim and Kanye’s Divorce Battle

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Nearly one year after taking legal action to end her marriage, Kim Kardashian filed paperwork requesting to be declared legally single and have her maiden name restored in December 2021.

“The parties’ marriage has irremediably broken down. Kardashian no longer wishes to be married to West”, the legal documents stated.

Kim submitted another set of divorce documents in February 2022 asking again to be declared legally single. In the filing, she claimed that Kanye had gone against her wishes to keep their split private and suggested that his social media posts were causing “emotional distress”.

Their child custody battle has been all over the media in the last few months and this is what our family law attorney, Jefferson Stacer had to say regarding this topic.

 

For any questions related to family law, divorce, mediation or child custody, contact Jefferson Stacer at (858) 485-8595 or attend one of our free workshops, designed to answer any questions or concerns you are having. You can register for it here – stacerlaw.com/free-workshop-registration

 

 

 

Child Support – What is Included and What is Not?

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Where does California child support law come from?

2 parents holding a ripped apart "dollar sign"
Child Support in California - what is included and what is not?

Starting in the 1980s, there was a national level effort to standardize and deal with enforcement of child support obligations. The Feds required each and every state, with a uniform, statewide formula, for imputing child support, rather than leave it to the vagaries of what an individual judge felt was right. California took quite a while to get their act together in response to this federal mandate, but finally came up with a relatively complicated formula that can be found at https://childsupport.ca.gov/guideline-calculator/

Most attorneys that practice family law have third party software package that calculates child support with the most popular program being called DissoMaster, which is used by most courts. The child support guideline formula applies one corner of California to the other corner, regardless of the difference in economy and cost-of-living of San Diego County versus Imperial County.

In California, a parent is obligated to support their children through age 18, if they have graduated from high school, or through high school graduation, assuming the child is attending high school full-time, but not past reaching the age of 19 in any event. There is a law that supports a continuing child support obligation for disabled adult children.

 

What is included in "guideline" California child support?

"Guideline" California child support is supposed to in include a contribution towards the food, shelter and clothing of the child from one parent to the other. The formula compares the before tax income, less allowable inductions of each parent, and then factors in at what extent the children are being shared by the parents. The formula allocates a certain amount of financial contribution by both parents towards the support of their children as a first priority expense, after taxes, health insurance premiums and other allowable deductions and then allocates that amount between the parents, depending upon their relative incomes and timeshare with the children.

 

What are California child support add-ons?

Girl at the dentist with her mother
Healthcare expenses included in child support

Additional "mandatory" child support includes work or school related childcare expenses and out of pocket, after insurance coverage, healthcare expenses incurred for the benefit of the minor children. Childcare expenses can be divided between the parents or paid by one parent and reimbursed by the other, and are generally shared equally. There are complex rules regarding out-of-pocket healthcare expenses that require these expenses to be billed to the other parent within 30 days, but these are also generally shared equally. "Healthcare expenses" generally include psychological, medical, dental, vision care and pharmacy expenses.

What is not included in California child support?

Of course, there are multitude of different expenses that can be incurred for the benefit of children such as tutoring, private school, activity expenses, school trips, back-to-school clothing purchases, toys and organized sports expenses. Under certain circumstances, the court can order sharing of tutoring and school related expenses.

However, as a general rule, all of the other expenses are left to the parents to agree, unless there is a stipulated order that requires a sharing of these other kinds of expenses.

 

How is child support paid and enforced?

For the most part, child is voluntarily paid by parents that cooperate on a monthly, biweekly, or even weekly. These days, it is often most convenient to pay child support by electronic transfer that can be automated. Child support can also be paid by an automatic deduction form the payer's wages by an Income Withholding Order. An Income Withholding order pays the child support directly from the payer's wages electronically to the State Disbursement Unit (SDU), which then electronically distributes the money to the payee's account or a debit type card. The payee must set up an account with the SDU for this to happen.

If child support is not properly paid, each individual monthly amount will bear 10% simple interest, until it is paid. Child support owing cannot be bankrupted. There is also a law providing for an additional penalty on each amount of child support owing if it has been properly noticed. The Department of Child Support Services (DCSS), which is a cabinet level, state agency can be engaged, upon application, to enforce a child support obligation for free. DCSS has their own court to handle these matters and will automatically seek an Income Withholding Order and record a lien, so that if a person wants to get a loan, they will have to satisfy any arrears.

 

For further questions, please register and attend one of our twice monthly free workshops at www.stacerlaw.com/workshop.

 

 

What Not To Do On Social Media During a Divorce?

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Mention of this topic brings a host of memories to mind of the impact of social media upon divorce and custody proceedings. Probably the best advice is, DON’T.

A woman laying and using her phone

First of all, something you should do is let your family and closest friends know that there is a breakup of your relationship in the process. You should probably do this by voice as opposed to in writing. The problem is that a divorce/breakup is usually an embarrassing event in your life, it is a recognition of a failure of dreams. It is not uncommon for even those closest to you to be unaware of what is really gone wrong in your life. You don’t want your soon-to-be ex, if they have evil intent, to be contacting those that are close to you in a manipulative and investigative fashion and succeeding because those people are unaware. The message should be – “Just to let you know, my relationship with ____ is ending, and you should be careful about communications with ____, or even attempting to try to fix the problem. At this point, it is beyond repair and harm will be done if you get involved or provide information.”

1. PRIVACY SETTINGS AND CURIOSITY

Phone with a Facebook Log In page

Just about anything you post on social media will probably be harmful in one way or another. The problem is a matter of perception. When you are in a trusted relationship, communications are almost always given a positive and trusted spin., until that trusted relationship breaks down. When you are in the opposite of a trusted relationship, just about any communication will be perceived with a negative spin. This will have the impact of pouring gasoline on the fire and potentially causing harm to your job, your business, your relationship with others, your children and your funds.

Another problem is that your post will almost always get out to the other side. Often, your soon-to-be ex is very curious about what you are up to, who are you doing it with, and generally anything about what’s happening, and what you are planning. No matter what your security settings are, someone will have access to the post that may decide to share that post with your ex. You simply are not in control of that.

2. UNFLATTERING IMAGES

partyWhat’s even more dangerous is a post by someone else tagging or including you in a picture of a party, drinking, with someone else, or doing something that might have impact upon the court case. You must assume that these kinds of posts will find their way into your court record and be portrayed in the most unflattering way.

 

3. FAKE PROFILES

You should also keep track of posts that may be fabricated as being originated by you. Keep an eye out for these things. For example, a post that violates on the Facebook/Meta, Twitter, TikTok, Instagram and Twitter companies, may result in you being banned from those platforms.

I have had many cases impacted by social media posts. One very intelligent client of mine insisted that he had a right to post about his “feelings” during a divorce. This cost him an extra attorney’s fees. Another attended a party, was standing next to an attractive lady, that the ex saw, which caused the case to really go south and cost extra money. He wasn’t even involved with that lady. Your children will have access to those posts at some point. I have seen people drinking alcoholic beverages used in court cases. Often, the non-posted spouse is provided a copy of the post by a well-meaning friend that still had access to the post.

Generally, while the case is going on, and afterwards if emotions are raw, just don’t put anything out on social media because it will most likely be interpreted negatively by your ex and that person will do something in response out of hurt feelings, jealousy or spite.

The Team at TeamWorks has the expertise to help you learn these strategies of what to do and not do during a divorce. Contact us to schedule an appointment at 858-675-9225 or attend our FREE TeamWorks workshops twice a month.