family law, Legal

What to Know About Spousal Support: Legal Reasons #54

How Long Will I Pay or Receive Spousal Support?

  • The length of spousal support is based on a reasonable transition period from married life to single and self-sufficient life.
  • The duration of support depends on in part on the length of the marriage. For marriages lasting less than ten years, the length of support is presumed to be equal to one-half of the time. For example, for a marriage that lasted eight years, the presumption is that the appropriate length of support is four years.
  • If you are married for longer than 10 years, the lesser earning spouse will receive support for as long as he or she needs to, as long as the other spouse is able to pay. There is no automatic termination date.

How Much Spousal Support Will be Ordered?

  • In California, the Superior Courts of Solano counties have adopted a spousal support guideline called the “Santa Clara Guideline” formula for use in temporary spousal support. Alameda and Contra Costa counties have adopted the “Alameda Guideline” formula. The guideline states that the paying spouse’s support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse’s net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.
  • Deciding permanent support is a much more detailed process with many factors to be considered. Family Code Section 4320 is the controlling statute that the court must consider in establishing permanent spousal support.
Family, Food For Thought, Inpsiration, Journal, My Past, Myself

365 Days

And just like that  a year has passed. Papa. I would have never thought I wouldn’t hear your voice again or that not see you comb your hair right before a picture. I hear you in my head. You  enjoyed life, and made it your mission to be silly and make others laugh, and I catch myself doing the same. I refuse to be melancholy or be sad every day because that is not my way to honoring you. It still isn’t easy accepting it, but it doesn’t mean it didn’t happen.

Each morning in the Gurudwara, I acknowledge that I miss you, and then move forward and keep you in mind as I practice law, and do the things you wished for all of us. I regret that I didn’t get more time, but then again, the time we had been so wonderful that I count myself blessed.

One thing is clear that in the year you have been gone, I am different, but in a good way. Your absence a constant reminder that I get to honor you not drown myself in self-pity. I gotta tell you, it hasn’t been easy. The house of laughter you created had fewer laughs, but we are your children, and we have managed a few. Not much, but a few. And then there will be more laughter, more silliness, more love for music. more Ziba Music because you ensured you left a legacy with your family.

So although it’s been 365 days, not a single one has passed without you in our hearts and minds.

Papa Loves You.

Sanjay Loves You

Brownness

When to ask for Child or Spousal Support: Legal Reasons #54

When should you ask for child support or spousal support?

In terms of the divorce process, if you are inclined to ask for support or if you need it, you have to do it as soon as possible and ideally around the same time as the initial filing. Because of one the factor in family code 4320 is need, if you do not ask for spousal support for a very long time – let us say your divorce takes two years and you don’t ask for support – the court is not likely to find that you need it when you request it later. Therefore, whether you are the husband or wife, if you need the money, ask for it right away. Checking off the box in your petition or response is not enough, all it accomplishes is to notify the Court that it is a decision it needs to make at some point. You have to formally file a request for spousal support. Most of the time, the person needing the money is the one filing the request. I have never seen somebody who may be responsible for paying spousal support be the one to file a request to have the Court issue an order. It is “almost always” the responsibility of the person who needs the support to submit a request as close to the beginning of the divorce as possible.

Food For Thought, Inpsiration, Journal

Loving Time with Others

Over the weekend, I found out a friend’s mom passed away and instantly regret enveloped me as I’d been meaning to go visit her. Time and time, it appears that life can get away from me while doing tasks and knocking off to do lists instead of getting loving time with others.  It sometimes feels pointless to have a vision for myself when it does not include making time to show and be love for others.

Yet there is a part of me at peace because I feel I can be of service to my friend and his family. Her passing reminded me where I was at when my father died and the best thing I got offered were people who just came to be around me. So I did that, and I plan to continue because by being around my friend, I honor his mother, but most of all, I honor our friendship.

I am not gonna lie. It isn’t easy to ignore my regret, and it shouldn’t be because it become a reminder of how I can be better. Sometimes, I get too busy patting myself on the back, when in reality, I have a long way to go. This weekend served me that reminder with a punch to the emotional gut.

Legal

What to Consider in A Business Partnership: Legal Reasons #53

The biggest mistake made by partnerships is not having a well drafted partnership agreement. Although California law does not require a partnership to have a written agreement, a well written partnership agreement is strongly recommended because: (1) the default partnership rules typically do not mirror the partners’ intent; (2) a clearly written partnership agreement will set forth the essential terms and outline each partners rights and responsibilities, and (3) should a dispute arise between the partners, the partnership agreement will help to resolve a dispute that otherwise might cost tens of thousands of dollars to litigate.

Issues That Should Be Addressed In Every General Partnership Agreement.
At a very minimum, a written partnership agreement should set forth the purpose of the partnership business and exactly what is expected of each partner in terms of time, duties, and financial contributions. For example, will one partner be putting up the financial capital while the other partner puts in the work? If so, I guarantee there will be times when the person doing all of the work feels they are entitled to a bigger piece of the pie and times when the financial partner feels the other partner isn’t working hard enough. For this reason, it is extremely important that the partners have an understanding from the beginning as to what is expected from each partner. A written partnership agreement should also specify whether additional compensation will be paid to a partner who performs work at some particular time (e.g. after so many years, after the financial partner has recouped his or her investment, if additional work is performed, etc..) A written partnership agreement should also specify with great detail when and how the profits of the partnership will be split, and how losses will be divided and paid. Other terms that should be included in any written partnership agreement include:

  1. Term of the partnership.
  2. Purpose of the partnership and what outside competitive activities the partners may engage in.
  3. Initial capital contributions of the partners (including money, services, and property).
  4. Subsequent capital contributions. If the partnership needs additional capital, will the partners be obligated to make additional capital contributions?
  5. How the partnership profits and losses will be allocated among the partners, and when.
  6. How the partnership will be managed, including who will make the day-to-day decisions, who will be responsible for what duties, and what acts will require majority approval or unanimous consent.
  7. How much time each partner is expected to devote to the partnership business.
  8. Whether new partners can be added, and if so how.
  9. Under what circumstances a +partner can be expelled.
  10. How a partner can withdraw.
  11. Which partner(s) will have signature authority on the bank accounts.
  12. A means to resolve a deadlock or conflict.
  13. A provision providing for the dissolution of the partnership and formation of a California corporation or LLC if the partnership business reaches some milestone.

In addition to, or as part of, a written partnership agreement, the partners should also execute a buy-sell agreement to address the issue of the transferability of their partnership interest. Absent an agreement to the contrary, a partner may freely transfer his or her partnership interest to another person. In addition, absent an agreement to the contrary, the death, incapacity, bankruptcy, resignation or expulsion of any partner may automatically dissolve the partnership. To provide continuity, a buy-sell agreement can provide effective buy out provisions to address various situations.

 

 

Food For Thought, Inpsiration, Journal

Living in Committment

This month I committed to reading 5 books, putting on 5 pounds of muscle. be in service consistently, be in integrity in my role at Ziba and continue growing my law practice. Some have pointed out that I have too much on my plate, and others keep asking how long I can keep it up.  Yet what is the point of living of vision if you are not striving to be your best in all categories of your life? I will not be defined by just by my work, hobbies or passions. Just as we are multilayered in emotions, I believe setting high goals is the way to live a life of legacy.

Sure, are some days harder than others? You betcha!  Especially with immense help of my new networking group BNI, I am getting multiple referrals, and others are sending me their loved ones. As my responsibility grows, instead of overwhelming me, it empowers me as I know I could be doing even more. I have learnt and communication and renegotiating commitments are valuable tools when I am present and aware that I may not be able to get to something. Being in integrity may not always mean that I will finish everything as planned because reality is life happens and there are unexpected hiccups.

Yet what I have found is that by either being vulnerable and seeking support, or just communicating and renegotiating a new time, 99% of my stress is dealt with. So I will continue on this journey until I cannot because I want to live a life of purpose not just existence.