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Family
Law/Divorce Bankruptcy
(Consumer) Estate
Planning Business &
Probate Litigation Other Practice
Areas
- Family Law
We have extensive experience helping clients with family law
matters. Our practice includes the following types of
matters:
- Divorce
- Custody & Visitation
- Child Support
- Alimony
- Adoption
- Related matters of family law
-
Divorce- The
breakup of a marriage is often one of the most stressful times in a
person's life. We have tremendous experience in helping clients
through the painful experience of divorce and in making certain that
they receive their fair share of marital assets when divorce is the
chosen path.
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Custody and
Visitation As part of a divorce
proceeding, the court will often make a determination as to which
parent will have custody of any minor children. There are two types of
custody legal custody and physical custody. Legal custody entitles a
parent to have input into such things as what school the child will
attend. Physical custody refers to where a child will live. In most
cases, one parent will have physical custody for more than fifty
percent of the time and is referred to as the "custodial parent." The
time allotted to the other parent by the court is referred to as
"visitation."
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Child
Support As part of a divorce proceeding, the court
will often make a determination as to whether one of the parents shall
receive monetary contributions from the other parent for the care of
the child. It may be possible for the amount ordered by the court to
be altered at a later date if either parent petitions the court for
such a change. We have years of experience dealing with both initial
child support determinations and later alterations.
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Alimony This is a
court ordered allowance that one spouse pays to the other spouse for
support while they are separated or after they are divorced. We work
very hard to ensure that clients receive fair alimony payments for as
long as possible.
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Adoption- Many
loving individuals either cannot have children, or simply want to open
up their home to another child. Adoption is often a lengthy process
with significant red tape. We can help you through the process so that
you can share the gift of love with a special child.
- Bankruptcy (Consumer) Chapters 7
& 13
A large part of our practice involves helping clients through the
bankruptcy process. All of the bankruptcy cases we handle involve
consumer bankruptcy issues under Chapter 7 (liquidation) or Chapter 13
(debt relief).
The consumer bankruptcy laws are set up to allow people to escape
debt and to get a fresh start. We have years of experience with Chapter
7 and Chapter 13 filings and can help you reduce or eliminate your
debts, while still keeping property. There is no reason to let debt ruin
your life. Give us a call today!
What is the
difference between Chapters 7 and 13? Chapter 7 is
often called full bankruptcy, while Chapter 13 is often called a wage
earner plan. The main difference is that in Chapter 7, debts are
discharged right away with a court order. The debtor no longer has to
pay anything on these debts. With Chapter 13, the debtor will be
required to make payments for three to five years according to a
payment schedule, although the debts need not be paid in full. Both
Chapter 7 and Chapter 13 end with a court order discharging the debtor
of any responsibilities on the relevant debt
People often mistakenly believe that they have to pay their debts
in full in Chapter 13. Actually, debtors are only required to pay what
they can reasonably afford for a period of three to five years.
Additionally, they are only required to pay back the fair market value
of collateral they are able to keep, not the entire amount owed.
Basically, Chapter 13 enables debtors to catch up on their home
mortgage payments, renegotiate their student loans, pay back
delinquent taxes over time or pay back their car loans. By using
Chapter 13, the debtor can force a creditor to accept payments in an
amount usually much lower than they are paying outside of the
bankruptcy laws.
- Estate Planning
We handle all aspects of estate planning for both individuals and
couples of modest means to the high net worth family. Counseling often
involves corporate and succession planning for family owned/closely held
businesses. Our experience includes implementation of a wide variety of
wealth preservation, tax avoidance and asset protection strategies
including family partnerships/LLCs, split-interests trusts, and gifting
programs.
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Wills- When a
person passes away, his/her assets are distributed according to
his/her will. If no will is in effect, the person is said to have died
intestate. In such a case, the laws of intestate of the state
determine the distribution of all assets. Many people want their
assets distributed in a particular manner. As a result, the
preparation of a legally binding will is very important.
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Trusts- Trusts are
an important part of estate planning. One important use is to provide
a steady income to the beneficiary over the course of time, rather
than distribution of a lump sum. This strategy can reduce the
beneficiary's tax liability and allow the trust to grow through
investment. Trusts can also be established that allow charitable
contributions.
- Business and Probate
Litigation
We represent and advise clients who are or might become involved in a
lawsuit or appeal as a result of a dispute, including prevention and
settlement, in all business matters. Cases that fall under this practice
area include, but are not limited to, breach of contract claims,
business torts such as suits for interference with business or
contractual relations, suits for breach of fiduciary duty, fraud claims,
and employment disputes.
We also handle a large number of probate litigation cases. Probate is
the legal process by which a person's debts are paid and assets
distributed upon his or her death. Sometimes the beneficiaries of an
estate wish to dispute how the assets of an estate are to be
distributed. We have years of experience helping people get the money
they deserve after the death of a loved one.
Our clients evaluate our performance based on both the results we
achieve and the containment of costs associated with those achievements.
Thus, we seldom will be recommending last-minute settlements on the
courthouse steps. If a matter can be settled, we strive to accomplish
that end before permitting undue legal fees. If settlement is not
feasible, our opponents know they face a serious challenge from lawyers
who are trained to win at trial.
- Other Practice Areas
-
Business &
Commercial Law- We provide a wide variety of services
to business clients, including assistance in selecting the type of
organizational entity under which to operate, negotiating and
preparing business agreements, drafting contracts, assisting in the
sale and purchase of a business, obtaining financing and funding for
business operations, and assisting in dissolution or business
succession.
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Business
Organizations-- The form of a business affects every
aspect of its operation. We assist clients in formation and business
planning, and in deciding whether they want to operate as a closely
held business, limited liability company, partnership, or corporation.
We advise our clients about directors' and officers' liability,
dissolution, franchising, reorganization, trade association membership
and activity, joint ventures, mergers, acquisitions, divestitures,
business successions, and shareholders' rights.
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Debtor/Creditor We
work on behalf of both debtors and creditors to resolve disputes. This
often includes negotiating payment plans and concessions by the
parties.
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Driving Under The
Influence (DUI/DWI)- Driving while under the influence
of alcohol is a criminal offense. Throughout our years of practice, we
have defended numerous individuals charged with DUI/DWI, with
tremendous success in either pleading to a lesser offense or getting
the charges dismissed altogether.
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Landlord/Tenant
Law-- We have experience representing both landlords
and tenants in both residential and commercial settings. This area of
law includes such things as evictions, and violation of lease
provisions.
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Motor Vehicle
Accidents-Many personal injuries result from motor
vehicle accidents. Auto accidents may involve negligence on the part
of drivers, including drunk driving and other reckless behavior. If
you are injured in a motor vehicle accident in California, we can
assist you in receiving compensation for your injuries.
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Personal
Injury- We represent plaintiffs involved in
controversies alleging a wrong or damage to another's person, rights,
reputation, or property resulting from events including, but not
limited to, automobile accidents, defective products, negligence, and
wrongful death.
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Real
Estate- We represent both commercial clients and
individuals in all proceedings and transactions that deal with real
property - land and the structures attached to it. This includes, but
is not limited to, purchase and sale transactions, commercial leasing,
zoning and land use, and development strategies.
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Sexual
Harassment- Over the years, our firm has helped
numerous individuals obtain fair compensation for sexual harassment
they have suffered. There are two major types of sexual
harassment:
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Hostile-environment sexual harassment- This is
where an employee in his/her work environment is subject to
unwelcome verbal or physical sexual behavior that is either severe
or pervasive.
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Quid pro quo sexual harassment- This is where
the satisfaction of a sexual demand is used as the basis of an
employment decision.
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Taxation
Law- We represent individuals and commercial clients
in matters with tax implications, identifying and addressing state and
federal tax issues, and structuring transactions in such a way as to
minimize taxes and avoid inherent tax problems. Addressing taxation
issues is an integral part of our estate planning
practice.
Copyright © 2006 by Howard, Lytle,
Mah & Jackson. All rights reserved. You may reproduce materials
available at this site for your own personal use and for non-commercial
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