It's not about us, but about what we can do for you.
We know it's painful when a family breaks apart. We're here to guide you swiftly and compassionately through the complicated legal processes to minimize your struggle and ensure that your feelings and rights are not neglected.
Family law is a sensitive issue… There are many things to factor in when dissolving a marriage or legally separating.
We work hard to make sure that the ones you love, your time, and your emotional well-being are not taken away from you.
*DCFS – Department of Child and Family Services.
- Child Support
- DCFS Reunification Services
- Division of Property
- Prenuptial Agreements
- Paternity
- Restraining Orders
Divorce and Legal Separation
Divorce is a dissolution of marriage and is the legal process of ending a marriage which allows both parties to remarry. To file a divorce in California, one of the spouses must have been a resident of the state for at least six months and at least 3 months of where the county the divorce is filed. There is no need to prove fault or wrongdoing during marriage as California is a “No-Fault” divorce state. Some common reasons for divorce include irreconcilable differences or permanent legal incapacity to make decisions.
During a divorce process, many issues will be addressed such as division of assets and debts, child custody and visitation, child support and spousal support(alimony). If the parties can reach reach agreements on the addressed issues, they can submit a marital settlement agreement to the court for approval and a swift dissolution. If the parties come to a disagreement, the court will make decisions on these matters which can be costly, time consuming, and stressful.
Child Custody and Visitation
When it comes to Child Custody, California Courts will prioritize frequent and continuing contact between children and both parents, whenever possible to ensure their well-being and consider the child’s best interest. In contested custody cases, parties may go through a formal discovery process to gather information relevant to parenting capabilities and child welfare.
There are two different types of Child Custody:
- Legal Custody: Refers to the parent’s authority to make decisions about the child’s upbringing, including education, healthcare, and religion.
- Joint Legal Custody: Both parents share decision-making authority
- Sole Legal Custody: One parent has sole authority, with the other having limited or no say
- Physical Custody: Refers to where the child lives and spends the majority of their time with one parent as the primary physical custodian. This may be even if the parents have joint legal custody.
- Joint Physical Custody: Children spend significant time with both parents such as alternating weeks or weekends.
- Sole Physical Custody: One parent has primary physical care, with the other having visitation rights.
Some factors to consider during Child Custody cases are:
- Child’s age and development needs.
- Each parent’s ability to care for the child.
- Distance between parents’ residences.
- History of domestic violence or child abuse (if applicable).
- The child’s preference (if mature enough).
Child Detention by DCFS*
When the California DCFS intervenes in a child’s life due to allegations of abuse, neglect, or unsafe living conditions, they may remove the child from the home temporarily or permanently. This is part of California’s child welfare system, which aims to protect children while preserving family units whenever possible.
Detention Hearings: After a child is detained, a detention hearing is scheduled within 48 hours (excluding weekends/holidays) to determine whether the child should remain out of the home pending further investigation or court proceedings.
Parent’s Rights:
- Right to an attorney (court-appointed if necessary)
- Right to contest the detention
Right to receive reunification services if appropriate
DCFS Reunification Services
Reunification services are programs and support provided by DCFS to help parents regain custody of their children. Services may include:
- Parenting classes
- Drug or alcohol rehabilitation
- Domestic violence counseling
- Mental health services
- Supervised visitation
The goal is to resolve the issues that led to removal and reunite the family. However, reunification services may be bypassed in extreme cases (e.g., severe abuse or abandonment).
We Help Parents Reunite with Their Children
Having your child detained by the Department of Children and Family Services (DCFS) can feel overwhelming and terrifying. If this is happening to you, it’s critical to act quickly. Our experienced California juvenile dependency attorneys will stand by your side.
The Juvenile Dependency Court will hold periodic review hearings to evaluate parental progress. If reunification efforts fail within a statutory time frame (6-18 months, depending on the child’s age), the court may terminate parental rights and move towards adoption or guardianship.
Child Support
California uses a statewide guideline formula to calculate child support. Although it meant to fairly support the child, it may be contested and in many cases, rightfully so. The guideline formula consists of the following:
- Each parent’s income
- The amount of time each parent spends with the child (time-share percentage)
- Tax deductions, such as mortgage interest and property taxes
- Other relevant financial factors
Income Considered:
- Wages and salaries
- Bonuses and commissions
- Self-employment earnings
- Unemployment benefits
- Disability and workers’ compensation
- Social Security benefits
- Rental income
- Investment income
Time-Share Percentage: This is the amount of time the child spends with each parent. It significantly impacts the amount of support, as more time with a parent generally means higher costs for that parent.
Deviation from Guidelines
Special Circumstances: Courts may deviate from the guideline amount if there are special circumstances that make the guideline amount inappropriate or unjust.
- High income of a parent
- Special needs of the child
- Costs related to the child’s education or extracurricular activities
Stipulated Agreements: Parents can agree to a different amount than the guideline, but the court must approve the agreement to ensure it meets the child’s best interests.
Duration of Child Support
- Until Age 18: Child support typically continues until the child turns 18.
- High School Rule: If the child is still a full-time high school student and not self-supporting, support continues until the child graduates or turns 19, whichever comes first.
- Adult Children with Disabilities: If a child is incapacitated from earning a living and without sufficient means, support may continue indefinitely.
Enforcement and Modification:
Enforcement: The California Department of Child Support Services (DCSS) assists in enforcing child support orders. Methods include:
- Wage garnishment
- Intercepting tax refunds
- Suspending driver’s licenses
- Contempt of court actions
Modification: Either parent can request a modification of the child support order if there is a significant change in circumstances, such as:
- Changes in income
- Changes in custody or time-share arrangements
- Changes in the child’s needs
Health Insurance
- Mandatory Coverage: Parents are usually required to provide health insurance for their children if it is available at a reasonable cost.
Additional Expenses
- Shared Costs: Parents may be required to share additional costs such as:
- Childcare
- Unreimbursed medical expenses
- Educational expenses
- Extracurricular activities
Tax Implications
- Tax Deductibility: Child support payments are not tax-deductible for the paying parent and are not considered taxable income for the receiving parent.
- Dependency Exemptions: The parent who has primary custody often claims the child as a dependent for tax purposes, although parents can agree to alternate years.
It is important to determine every situation case by case, as each divorce case is different. The Chong Firm will help you with child support in the child’s best interest.
Spousal Support
Spousal support, commonly called alimony, is a court-ordered payment from one spouse to another after a divorce or legal separation. Its purpose is to help the lower-earning spouse maintain a similar standard of living to what they had during the marriage.
Types of Spousal Support in California
- Temporary Spousal Support
This type of support is ordered while the divorce is ongoing. It’s designed to provide financial help during the legal process and is often based on local court guidelines. - Permanent or Long-Term Spousal Support
After the divorce is finalized, the court may order ongoing spousal support based on several factors. Despite the term “permanent,” it’s rarely lifelong and is subject to modification or termination.
How is Spousal Support Determined?
California courts consider many factors when deciding the amount and duration of support under Family Code Section 4320, including:
- The length of the marriage
- Each spouse’s income and earning capacity
- The age and health of both spouses
- The standard of living established during the marriage
- Whether one spouse helped the other with education or career advancement
- The need for financial support vs. the ability to pay
- The presence of minor children and whether one spouse is caring for them full-time
- Any documented history of domestic violence
Duration of Spousal Support
- Short-term marriages (under 10 years) typically result in support lasting about half the length of the marriage.
- Long-term marriages (10+ years) may result in longer or indefinite support, but it’s still subject to review and modification.
Support usually ends if:
- The receiving spouse remarries
- Either spouse passes away
- A judge modifies or terminates the order due to a change in circumstances (e.g., significant income change, retirement)
Modifying or Ending Spousal Support
If life circumstances change, either spouse can request a modification. Common reasons include:
- Loss of job or promotion
- Retirement
- Cohabitation of the supported spouse with a new partner
- Serious health issues
Spousal Support and Taxes
Since 2019, under federal tax law, spousal support payments are not tax-deductible for the paying spouse and are not considered taxable income for the receiving spouse (for agreements entered after 2018).
We Help You Get Fair Support
At The Chong Firm, we understand how stressful financial uncertainty can be during a divorce. Whether you are seeking spousal support or facing a request for it, our experienced California family law attorneys will help protect your financial interests.
Postnuptial Agreements
A postnuptial agreement is a legally binding contract created by spouses after they are married. Unlike a prenuptial agreement (signed before marriage), a postnup is signed during the marriage and outlines how assets, debts, and other financial matters will be handled if the marriage ends in divorce or death.
Are Postnuptial Agreements Enforceable in California?
Yes, California recognizes postnuptial agreements as valid under California Family Code Sections 1500–1617, but certain conditions must be met to ensure enforceability.
Key Requirements for a Valid Postnuptial Agreement in California
- Full Disclosure
Both spouses must fully disclose all assets, liabilities, income, and property. Hiding information may cause a court to invalidate the agreement. - Voluntary Agreement
Both spouses must willingly sign the postnup. Any sign of coercion, fraud, or undue pressure could make the agreement unenforceable. - Fair and Consistent with Public Policy
The terms cannot be “unconscionable” (grossly unfair to one spouse) or violate public policy. For example, a provision waiving child support obligations will not be enforced. - Written and Signed
California requires postnuptial agreements to be in writing and signed by both parties. - Independent Legal Counsel (Recommended but not mandatory)
While not legally required, courts are more likely to uphold a postnup when both spouses had independent attorneys review the agreement.
What Can a Postnup Cover?
- Division of property and assets
- Allocation of debts
- Spousal support (alimony) provisions
- Treatment of family business interests
- Estate planning considerations (in conjunction with wills or trusts)
What Can’t a Postnup Control?
- Child custody and visitation rights (these are always decided based on the child’s best interests at the time of divorce)
- Child support waivers or reductions (child support is a right of the child and cannot be waived by contract)
Why Consider a Postnuptial Agreement?
Couples may opt for a postnup when:
- There has been a significant change in finances (inheritance, new business, major debts)
- One spouse wants to protect separate property
- They are seeking clarity about financial responsibilities moving forward
- They want to address spousal support expectations upfront
- They are reconciling after a period of separation
Protect Your Assets and Peace of Mind
At The Chong Firm, our California family law attorneys can help draft, review, and negotiate fair postnuptial agreements. We will ensure the agreement protects your interests and complies with California law.
Maternity
Maternity is not just about giving birth—it’s about establishing and protecting your legal rights as a parent. In California, family law plays a crucial role in securing rights for mothers related to child custody, parental responsibilities, and the well-being of the child after birth.
Parental Rights for Mothers in California
Upon giving birth, biological mothers automatically receive full legal and physical custody of their child unless there is a court order stating otherwise. Here’s what that means:
1. Legal Custody
As the child’s mother, you have the right to make decisions regarding your child’s:
- Healthcare
- Education
- Religious upbringing
- General welfare
2. Physical Custody
You also have the right to determine where your child lives and to provide day-to-day care unless another parent has been granted shared or sole custody by a court.
Establishing Paternity (If Parents Are Unmarried)
If you are unmarried at the time of your child’s birth, the other parent will need to establish paternity to assert parental rights such as custody or visitation. This can be done through:
- Signing a Voluntary Declaration of Paternity (VDP)
- Filing a paternity case in family court
- Court-ordered genetic testing
Until paternity is established, you, as the mother, typically retain full custodial rights.
Maternity and Child Custody Disputes
If there is a custody dispute between you and the child’s other parent, the California family court will always make decisions based on the “best interests of the child” standard, considering factors such as:
- The emotional bond between the mother and child
- Each parent’s ability to provide a safe and stable home
- The child’s age and health
- Any history of domestic violence or substance abuse
In most cases, courts encourage joint custody to ensure both parents are involved in the child’s life unless one parent is unfit.
Maternity and Child Support
As a mother, you are also entitled to seek child support from the child’s other parent. California law ensures that both parents share the financial responsibility for raising their child, even if one parent has limited custodial time.
Support is calculated based on:
- Both parents’ incomes
- The amount of time the child spends with each parent (timeshare)
- Health insurance and childcare costs
Maternity, Protective Orders & Domestic Violence
If you are a mother facing abuse or threats from the other parent, you may seek a Domestic Violence Restraining Order (DVRO). This can include:
- Temporary sole custody of your child
- Stay-away orders for the other parent
- Protection of your child from harm
How We Help Mothers
At The Chong Firm, we assist mothers in securing their rights, including:
- Filing for child custody and visitation orders
- Pursuing child support
- Establishing or contesting paternity
- Obtaining protective orders in emergency situations
Your rights as a mother matter—and so does your child’s future.
Contact us today to speak to a California family law attorney about protecting your parental rights.
Division of Property
California is a community property state, meaning that spouses share equal ownership of most property acquired during the marriage. When you go through a divorce or legal separation, all assets and debts will need to be divided between both parties.
At The Chong Firm, we help clients navigate the complex process of property division to ensure a fair outcome that protects their financial future.
Community Property vs. Separate Property
Community Property:
In California, any income, assets, or debts acquired by either spouse during the marriage are generally considered community property, including:
- Income earned by either spouse
- Real estate purchased during the marriage
- Retirement accounts and pensions accumulated during the marriage
- Vehicles, businesses, and investments acquired while married
- Credit card debt or other liabilities accrued while married
Separate Property:
Separate property belongs to one spouse alone and is not subject to division during divorce. This includes:
- Assets acquired before the marriage
- Gifts or inheritances received by one spouse during the marriage
- Compensation from personal injury settlements (in most cases)
- Assets designated as separate property through a valid prenuptial or postnuptial agreement
Important Note:
Sometimes property can become a “commingled asset”: when separate property and community property are mixed together (e.g., using marital funds to pay the mortgage on a property one spouse owned before marriage).
How California Courts Divide Property
California law follows a 50/50 split rule, but that doesn’t mean every item is physically divided in half. Instead, courts aim for an equal division of the total net value of assets and debts.
Spouses may either: Agree to divide assets and debts themselves (via a marital settlement agreement), or have the court divide them if they can’t reach an agreement
Courts consider:
- The nature of each asset (community vs. separate)
- The fair market value of the assets and liabilities
- Whether a spouse should be awarded certain items to maintain balance (e.g., one spouse gets the home while the other gets other assets of similar value)
Hidden or Undisclosed Assets
California requires full financial disclosure from both spouses during divorce proceedings. Failing to disclose assets can result in court sanctions or awarding the entire asset to the other spouse.
Business Ownership and Divorce
If a business was started or grew during the marriage, it may be subject to division—even if only one spouse operated it. In these cases, expert business valuation is often required to determine fair value.
Division of Debts
Just like assets, debts acquired during the marriage (e.g., credit card balances, personal loans, mortgages) are generally split equally, regardless of whose name is on the account.
Protect Your Financial Future
Dividing property during divorce can be complex, especially when businesses, investments, or high-value assets are involved. Whether you are negotiating a settlement or heading to court, The Chong Firm will fight to protect your rights and ensure a fair division.
Paternity
Paternity is the legal establishment of a man as the father of a child. It determines the man’s rights and obligations towards the child which includes child support, child custody, visitation rights, and inheritance rights.
There are many different reasons to call for a Paternity test. You may need to find out who the biological father is for child support, to gain child custody, or to determine if there was infidelity involved to name a few.
For married couples, the husband is presumed to be the legal father of a child born during the marriage. For unmarried couples, paternity needs to be established.
There are three ways to establish paternity:
- Voluntary Declaration of Paternity (VDP): A simple form signed by both parents acknowledging the man as the father.
- Court Order: Through a legal proceeding if there’s no agreement between the parents or paternity needs to be enforced.
3. Genetic Testing: Ordered by the court to determine biological fatherhood.
Restraining Order
Sometimes, obtaining a protective order is the only way to protect oneself from abuse and violence.
If you’re feeling unsafe due to threats, harassment, or abuse, you don’t have to face it alone. California law offers restraining orders that can provide immediate protection. Whether it’s from a partner, neighbor, coworker, or stranger, we can help you take swift legal action.
At The Chong Firm, we assist clients in filing for:
- Domestic Violence Restraining Orders (DVROs)
- Civil Harassment Restraining Orders
- Elder Abuse Protective Orders
- Workplace Violence Restraining Orders
We will guide you through the process of getting a Temporary Restraining Order (TRO) fast, and represent you in court for a long-term protective order.
PROTECT AND PRESERVE
Your lawyers at the Chong Firm fearlessly fight to protect your rights and preserve your freedom, every step of the way.
- Ready to Fight
- Driven to Serve
- Proven Results
Attorney Jason J. Chong is licensed to practice law in all state courts in California, all federal district courts for the 9th circuit court of appeals, the Commonwealth of Massachusetts and the District of Columbia.
Attorney Chong has successfully tried many cases as both a criminal defense attorney and prosecutor. He knows what it takes to get the best results for your individual case, from all sides.
A. It’s common for family or friends to reach out on behalf of loved ones who are confronted with criminal charges. At Jason J. Chong Law Firm, we welcome you to contact us for a free consultation to help you understand potential courses of action, and we can take the lead on building a strong case if your loved one decides to retain our services.
A. If you were injured as a result of someone else’s negligence, you may be eligible to receive compensation for the following damages:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- And property damages
*If you have lost a loved one, you may also be eligible to receive compensation for loss of consortium. In some extreme cases, you may also be able to receive compensation for punitive damages (damages intended to punish the responsible party for gross negligence).
A. In general, an insurance adjuster will calculate the amount of compensation they believe you deserve based on the out-of-pocket expenses your injury required you to pay. They will then multiply that dollar amount by a certain number based on how extreme they believe your injuries were, in order to determine what compensation you deserve for any non-monetary damages (i.e. pain and suffering).
However, insurance companies will often try to pay you less than the amount you deserve. In order to ensure you are being offered a fair settlement, you should always consult with a professional California personal injury lawyer.
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