Family Lawyer in Petaluma, California

Mission Statement

To provide Petaluma quality assistance as a Family Law Attorney, Divorce Law Attorney, Child Support and Custody and Family Lawyer.

The Law Office of Erin Farley meeting your needs since 2003.

Reviews

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"Excellent"

Erin is an excellent family law attorney who sincerely cares about the emotional needs of her clients and their families. She has the ability to discern what result is truly in the best interest of her clients and then devise the best and most cost effective strategy to achieve that objective without polarizing the issues or alienating the other party in the proceeding.

Michael from San Francisco Bay Area, Ca   4/2/2015 7:44:02 PM

   (0)

(2)

"Live so that when your children think of fairness and integrity, they think of you." H. Jackson Brown, Jr.

Our practice is based in a profound respect for our clients. The dissolution of a marriage is an emotionally charged and traumatic time. It is during this turmoil that clients are expected to make the most difficult decisions about their finances, their future, and the future of their children. We have a commitment to assuring that each client is treated with compassion, and that each client is fully advised of their rights, their options, and the impact that their choices will have for their future.

Our law firm strives to help the client understand and navigate the family law process. Our attorneys recognize that this is an emotional experience. We will help you through these procedures with dignity and respect. We will consistently and unwaveringly advocate for your children's needs. We believe clients should take charge of the outcomes of their cases, and we will present and explain every option to avoid costly litigation. We are committed to honesty, integrity, and fairness. We will work zealously to further these values and to protect you, your children, and your emerging family.

Ms. Farley's work focuses on dissolutions, child support, child custody, spousal support, post-judgment support and comprehensive property division. She also handles pre-nuptial and post-nuptial agreements. For a respected family law attorney in Marin or Sonoma County, California, contact Erin Farley today.

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Certifications

1) Petaluma Family Law Attorney

Family deals with any aspect of the family and it's needs. Family law is an area of the law that deals with family-related issues such as marriage, civil unions, domestic partnerships, adoption, surrogacy, child abuse, divorce, visitation, child support, child custody, annulment, property settlements, alimony and parental responsibility.

The most common practices areas are divorce, child custody, child support, visitation, paternity and adoption.

Family law attorneys can and do handle other issues such as pre-nuptial agreements, post-nuptial agreements, mediation, annulments, spousal support, abandonment, and orders of protection.

2) Divorce

A divorce is a legal action between married people to terminate their marriage relationship. It can be referred to as dissolution of marriage and is basically the legal action that ends the marriage before the death of either spouse.

3) Child Custody

4) Child Support

Child support is a form of support payment that is often ordered when two parents are no longer living together. It is in the best interest of any child to have financial support from both parents. It is also sound public policy to require that parents support their children so those children do not become wards of the state or otherwise dependent upon state run welfare or support programs. Child support may be ordered even in instances where a parent does not have contact with his or her child, unless that parent has legally surrendered parental rights with the permission of both the court and the other parent.

How is Child Support Determined?

Child support is determined by looking at a variety of different factors. In general, a court will consider the number of children involved, the income of each parent, and each parent's earning potential. Also important to the courts child support determination is the amount of time the child spends living with each parent. For example, in a joint custody arrangement, child support may be reduced if the child spends a great deal of time with the non-custodial parent, since the parent will be presumably providing financial support and care for the child during the periods of time when the child is physically with him.

What is Child Support Supposed to be Used For?

Child support is an amount payable by one parent to the other to make sure that a child is cared for and shares in, to some degree, the standard of living enjoyed by both parents. The purpose of child support is to protect the child from the economic impact of divorce or separation.

5) Spousal Support

Spousal support that is paid between the date of separation and the date of divorce is called temporary spousal support. As a general rule, it is almost always higher than permanent spousal support. This is because temporary spousal support is simply calculated based on income, while permanent spousal support is calculated based upon a far broader array of criteria. Indeed, a judge will typically rely solely on a local schedule to come up with the temporary spousal support figure. Truthfully, this might be the only reasonable choice given the short amount of time a judge has to come to a decision - often a hearing of 20 to 30 minutes.

When it comes to determining the amount of permanent spousal support, a judge is not permitted to rely solely upon a schedule. Instead, a judge is required consider a wide range of factors, including the income of each spouse, living expenses, the standard of living enjoyed by the couple during marriage, the future earning capacity of each spouse, and the degree to which one spouse has contributed to the education, licensing, or training of the other.

Notably, California courts are not permitted to consider the income provided by a new partner when calculating spousal support. This does not mean, however, that a higher earning spouse who happens to meet a wealthy new partner can stop working and therefore stop paying spousal support. While the higher earning spouse may no longer need to work to support his or her standard of living, a judge can impute income based upon earning capacity.

Another factor that a judge will consider when setting spousal support payments is taxes. Alimony is deductible to the paying spouse and taxable to the recipient spouse as income. This can be an incredible advantage when one spouse earns virtually all of the income. The net effect is that the recipient spouse starts at zero and "climbs up" the income tax table, while the paying spouse is able to greatly reduce his or her taxable income.

Service Locations

Family Law Attorney Petaluma  -  Divorce Law Attorney Petaluma  -  Child Support And Custody Petaluma
Family Lawyer Petaluma  -  Divorce Law Petaluma  -  Alimony Petaluma

Citations

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Updated as of 5/5/2024

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