Family Law Attorney Tustin

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Providing Professional, Compassionate, & Approachable Legal Representation

At Jos Family Law, our Tustin family law attorneys understand the profound impact of family law cases. The emotional toll and legal complexities are hard to bear, but the outcome of child custody/support, alimony, or property division can have long-term consequences on your life. That’s why it's important to choose a qualified and experienced family law attorney to represent you.

Legal issues involving children and families are sensitive and stressful in nature. They often include difficult decisions regarding child custody, visitation rights, domestic violence, complex asset division, and more. The choices you make henceforth will make a significant difference in how your life moves forward. Our attorneys perfectly understand your situation.

Our approach is compassionate, encouraging both sides to reach a mutually beneficial arrangement that helps them both move forward. But, if litigation seems the only way, we will tirelessly advocate for your rights and pursue an outcome in your best interests.

Call (714) 733-7066 to schedule a consultation with our attorneys and take the first step to secure your rights.

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(714) 733-7066

Tustin Divorce Attorneys With You Every Step of The Way

Ending a marriage can be one of the most difficult decisions you’ll ever make. In California, for divorce, you must meet the residency requirements, which require either spouse to have lived in the state for at least six months and in the county where the action is initiated for at least three months prior to the filing. Once the petition is filed and served, you must wait six months before your divorce can be finalized. From hereon, how your divorce progresses depends on the level of cooperation and communication you have with your spouse.

You can either file a:

  • Uncontested Divorce: You and your spouse agree on all the terms of the divorce, including child custody, child support, spousal support, and property division.
  • Contested Divorce: There’s a disagreement over one or multiple issues, which must be negotiated, mediated, or litigated.

If you and your spouse agree and create a settlement agreement, the court will review it and typically finalize it in a divorce decree. If a settlement cannot be reached, the court will decide on custody, support, and property division matters.

The seasoned & compassionate attorneys at Jos Family Law will support you throughout the process, from the moment we explain your rights and options to the final resolution of your case. Whether your divorce is contested or uncontested, we will provide the highest levels of representation to achieve your goals in divorce and help you move forward in confidence.

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The Role of Mediation in a California Divorce

Navigating a divorce can be challenging, but you don’t have to engage in a courtroom drama to move ahead. Mediation, an alternative dispute resolution, offers a path to peaceful resolutions. It involves a natural mediator who helps both sides reach a mutual settlement. Unlike a traditional litigated divorce, mediation encourages collaboration and communication, offering both parties the benefits of flexibility and personalization. In child custody disputes, mediation is often a necessary step before the parties can litigate in court.

The process begins with an initial meeting where the mediator sets ground rules, followed by negotiating sessions to reach an agreement. Once the agreement is complete, it is formalized and submitted to the court to turn it into a legally binding and enforceable court order. Here are some reasons why you should consider mediation over litigation:

  • Cost & Time-effectiveness

    Mediation offers a faster and cheaper resolution than court proceedings. It also offers flexibility to the parties to resolve issues at their own pace with more control over the outcome.

  • Confidential Process

    The sessions are held privately outside the court, with all the details confidential between the parties and the negotiator. Anything said or written during mediation does not go into the public record and cannot be used in court as evidence.

  • Emotional & Psychological Benefits

    The collaborative, amicable nature of mediation ensures minimal conflict and stress, mitigating the emotional toll of separation. This approach is especially beneficial for parents and children, as it creates a positive environment for co-parenting and nurturing post-divorce family dynamics.

  • Long-term Benefits

    Mediation sets a precedent to resolve future conflicts through cooperation and understanding. Further, it helps build healthier relationships between separating couples and paves the way for a harmonious future.

If you’re going through a divorce, mediation may be the right choice in your situation, especially if you and your spouse are on amicable terms. At Jos Family Law, we are trained and skilled mediators guiding families through the process to obtain fair and amicable outcomes. We can also act as your independent counsel, providing expert advice and personalized solutions tailored to your situation to achieve a positive resolution that prioritizes your family’s well-being.

Get The Support You Need From a Tustin Child Custody Attorney

If you are going through a divorce as a parent, you’d naturally be worried about what happens to your children. In California, decisions regarding child custody and visitations are made in the best interest of the child. To determine this, the court will consider the following factors:

  1. The age and needs of the child
  2. Parental ability to care and provide a stable home environment
  3. The child’s relationship with each parent
  4. Any history of substance abuse or domestic violence in either household
  5. The child’s ties to school and community
  6. The child’s preference (if age-appropriate)

Based on these factors, the court will decide where the child will primarily reside (physical custody) and who will make important decisions about their education, healthcare, and religious upbringing (legal custody). Both parents may share these rights and responsibilities, or it may be exclusive to one parent.

Our Tustin child custody attorneys will ensure your child is taken care of. We can negotiate or act as neutral mediators, encouraging both sides to cooperate in making important decisions for their child and fostering co-parenting skills. With seasoned advocacy, our attorneys will help you arrive at a settlement agreement that protects your parental rights and secures your child’s best interests.

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Sole Custody v/s Joint Custody.

Child custody can be emotionally taxing, and whether you share custody with the other parent or the court grants you rights exclusively depends on the child’s best interests. Based on this legal standard, the court decides custody. Let’s take a look at the two arrangements:

  • Sole Custody

    Sole custody is when a parent has both sole legal and physical custody of the child. The parent has exclusive decision-making authority over important matters about the child’s upbringing. It also means that the child resides with that parent full-time. However, this does not necessarily mean that the other parent doesn’t have any rights. The non-custodial parent may still have visitation rights and reduced authority to make decisions. The court may require the custodial parent to inform the non-custodial parent of the final decisions made regarding the child’s upbringing.

    It is important to remember that the courts prefer both parents involved in the child’s life unless such an arrangement contradicts the best interests of the child. Thus, sole custody is only awarded if a parent is unwilling or unfit for parenting.

  • Joint Custody

    Joint custody means that both parents share the right to physical custody, legal custody, or both. It usually refers to both parents sharing physical custody, where the child divides their time with each parent, though this time may not be split evenly. Joint custody is awarded when both parents are capable of child-rearing, and the child presumably benefits from having both parents in his/her life.

    There may be instances where the court awards joint legal custody but sole physical custody. Such an arrangement may be made if the parents live far apart and it is not feasible for the child to travel between both households.

    Providing stability and showing commitment to your child’s life is critical to getting custody in California, which we’ll discuss next.

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How to Improve Your Chances of Getting Custody?

We have prepared a list of actionable strategies that can improve your chances of obtaining custody:

  1. Create a Stable Home Environment

    The courts prefer awarding custody to a parent with a stable job and housing arrangements. Having the resources, such as a dedicated bedroom and routine for the child, can demonstrate your ability to provide a stable and nurturing home.

  2. Focus on Your Child’s Needs

    Prioritize your child’s well-being in every aspect of life, be it co-parenting, stability, or daily routines. Staying actively involved in your child’s educational and healthcare needs will leave a strong impression in court.

  3. Encourage Your Child’s Relationship With The Other Parent

    Courts look more favorably on parents who encourage the child to have a healthy relationship with the other parent. Abide by any existing custody and visitation schedules and avoid negative comments about the co-parent in front of your child.

  4. Maintain Cooperation & Civility with Your Co-parent

    Being civil and cooperative with your co-parent is critical to show you are a responsible parent. Don’t bad-mouth the other parent in front of your child, communicate openly to discuss your child’s well-being, and promote a better co-parent/child relationship.

  5. Keep Records of All Transactions

    Maintain all communication records, including texts, emails, and calls. Documented interactions will show any disagreements, cooperation, and instances where the other parent may have been uncooperative. These serve as proof of your efforts as a parent.

  6. Demonstrate Mental & Emotional Stability

    The court will assess both parent’s emotional well-being before giving them custody. If you are finding it difficult to cope, take therapy or counseling to show the court you are committed to providing a supportive environment to your child.

  7. Gather Evidence Supporting Parental-fitness

    Showing evidence of your involvement in your child’s life, such as report cards, medical appointments, and extracurricular activities, can significantly improve your chances of winning custody.

Throughout the process, our attorneys will provide the support you need to protect your parental rights and your child’s future.

Secure Your Child’s Future With Help From a Tustin Child Support Attorney

As a parent, you have the moral and legal duty to financially support your children until they attain the age of majority. Typically, the non-custodial parent is obligated to pay support to cover the child’s education, healthcare, and basic living costs. If the parents have joint custody, the higher-income parent will owe support. The court uses a guideline formula to calculate child support, considering factors like:

  • The income and earning capacity of both parents
  • The amount of time each parent spends with the child
  • Number of children
  • Other expenses, such as childcare and extracurricular activities

Child support usually lasts until the child is 18 years old (19 if still in high school and living at home full-time). It can also be modified if circumstances change, such as income changes or custody violations.

We will make sure your child has the support they need for a thriving future. Whether you are seeking to establish, enforce, or modify a child support order, our Tustin child support attorneys will guide you every step of the way, ensuring your child’s interests are protected and you get a fair and accurate support arrangement.

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How to Collect Child Support in California?

If the obligated parent does not pay child support, you have legal remedies to collect the payments that your child deserves. California laws provide effective tools to receiving parents in case of violation of a child support order:

  • California Department of Child Support Services (DCSS)

    The DCSS is responsible for collecting and enforcing child support in California. You can open a case with them to enforce the order and collect past dues.

  • Wage Garnishment

    The court or the DCSS has the authority to order automatic income withholding, deducting payments directly from the obligated parent’s paycheck.

  • Tax Refunds Intercepts

    The state can intercept state and federal tax refunds to cover child support payments.

  • License Suspension

    Upon repeated violations, the DCSS can suspend the driving and professional license of the obligated parent.

  • Property Liens

    If the parent falls behind, DCSS can place liens on their property or even seize funds from their bank accounts.

If the co-parent isn’t complying with the order, we will gather evidence and file a petition for enforcement or modification. Our law firm will help you navigate the process and ensure compliance so your child is well-supported.

CALL US(714) 733-7066
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Trusted Guidance on Spousal Support Matters by Tustin Alimony Lawyers

Unlike child support, spousal support is not guaranteed after a divorce, and neither is it based on a guideline formula. Instead, the court will assess a range of factors to determine whether spousal support should be paid, and if so, how much and for how long. The factors that go into its determination are:

  1. Age & health of both parties
  2. Income & earning capacity of each party
  3. Length of the marriage
  4. Whether the supported spouse contributed towards the career or education of the other spouse
  5. Standard of living during the marriage
  6. Domestic violence history of either party

The court has wide discretionary powers and decides alimony on a case-to-case basis. These factors are considered for long-term spousal support decisions after the divorce is finalized. If the lower-earning spouse requests spousal support during the divorce process, the court will assess their needs and the other party’s ability to pay to order temporary spousal support.

Whether you are requesting spousal support or obligated to pay, we will determine if alimony is warranted and assess fair payment amounts for the financial stability of all parties involved.

Tustin Property Division Lawyers Protecting Your Assets

In accordance with community property laws, all assets and debts acquired by the spouses during the marriage will be divided in half upon divorce. Marital property, or community property, is considered co-owned by both spouses and may include bank accounts, retirement benefits, business interests, real estate, vehicles, intellectual property, and more. All other property, i.e., acquired before the marriage or after separation, or received as gifts/inheritance, is considered the separate property of the respective spouses. Separate property is not divided after a divorce or separation.

However, complications may arise if significant assets are involved or if the spouses have commingled assets. Here’s how the process works:

  • Identifying Community v/s. Separate Property

    The court will classify every asset and debt as either community property or separate property. Separate property includes all assets and debts acquired before or after the marriage or received as a gift or inheritance.

  • Valuation of Assets & Debts

    Once identified, the court will determine the fair market value of community assets and debts. In the case of complex assets like businesses or retirement funds, the court may obtain help from professional appraisers or forensic accountants.

  • Division of Property

    Community property is typically divided 50/50 in a divorce, while each spouse retains their separate property. The parties may agree to a division plan themselves or leave it for the court to decide.

  • Judgment

    If the agreement is finalized or the court renders its decision, the division will be formalized through a divorce judgment.

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Steps to Take if You Have Commingled Property in California

If you and your spouse have mixed marital assets with separate property, the division process can become extremely complicated. This may happen in a few ways, such as using separate funds to make a downpayment on a marital home, depositing pre-marital income into a joint bank account, or paying off a shared debt with the money you received before marriage.

Here are some steps you can take if you have commingled community property with separate property:

  1. Gather Financial Records

    To untangle mixed assets, their source must be traced. That’s why it’s important to gather all statements, receipts, and documents showing when and how the assets were acquired or commingled.

  2. Trace The Source of the Funds

    As previously mentioned, the source of the original funds must be traced to establish whether they are community or separate in nature. This process can be complex, and you may require professional help.

  3. Hire Forensic Accountants

    If significant assets are commingled, a forensic accountant may be required to trace and calculate the value of separate assets.

  4. Keep Assets & Debts Separate

    If divorce is imminent, avoid further mixing of community and separate property. Maintain separate bank accounts and avoid paying off debt with separate funds.

  5. Consult a Family Law Attorney

    A family law attorney with experience in property division matters can present evidence to court, negotiate a fair settlement, and protect your separate assets. They are also resourceful, having access to a network of financial experts who can simplify your case.

  6. CALL US(714) 733-7066

Secure an Order of Protection With a Tustin Domestic Violence Lawyer

No one should have to endure abuse, especially from their intimate partners, parents, or a family member. The victim has the right to seek an order of protection with the help of a domestic violence attorney. Whether the abuse was an isolated incident or it follows a pattern, it is essential you take steps now to prevent future violence.

You can obtain a domestic violence protection order if you are abused by a current or former spouse, cohabitant, dating partner, fiancee, co-parent, or a close family member. There are three kinds of protective orders in California:

  1. Emergency Protective Order (EPO): Issued by law enforcement if there’s an immediate threat to the victim or children. An EPO is valid for 5-7 days.
  2. Temporary Restraining Order (TRO): Issued by the court as an ex-parte order and valid for 21 days until a full hearing can be scheduled.
  3. Final Restraining Order: Issued by the court after a full hearing where both sides present arguments. May be valid for up to 5 years.

If issued, a restraining order prevents the abuser from coming near or contacting the victim or their children. It may also restrict the abuser from possessing firearms and may result in the loss of their custody rights.

With a strong commitment to your safety, we will help you navigate the process of obtaining DVROs and protecting your loved ones. We will assess your situation, file all the relevant paperwork, coordinate with law enforcement to get emergency protection, and provide ongoing support well into the future for your peace of mind.

The Tustin domestic violence lawyers at Jos Family Law are committed to your safety. Consult with us today to protect yourself and your loved ones.

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Protecting Your Family’s Rights in a Divorce

When you're going through a divorce or any other family law dispute, you need someone experienced and knowledgeable by your side. At Jos Family Law, we provide comprehensive representation for all family law matters. Our attorneys are compassionate and understand the difficult times that families are going through in these types of cases.

We have years of experience handling cases in Tustin, Orange County & can help you navigate the court system and protect your rights. We offer a variety of services, including mediation, collaborative law, litigation, negotiation, and more. Our lawyers will work closely with you to ensure that you truly get the best possible outcome in your case.

We believe in keeping our clients informed and up-to-date on their cases so they never feel out of the loop. We also offer a variety of payment plans to accommodate any budget. With our accomplished family law attorney Tustin on your side - you can be really confident that your family law matter will be handled with care & respect.

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Binoye Jos

Founder & Lead Attorney

Binoye Jos has dedicated his practice to family law. He worked in a multi-billion dollar industry, managing and training over 1000 marketing directors, until a family law dispute struck.

Being married for two years, Binoye went through a divorce and child custody dispute. After 198 filings by two attorneys costing $400,000 that returned minimal progress, he decided to take matters into his own hands. He represented himself and won 50% of his son’s custody. Binoye then attended law school and became a family law attorney. At this point, his life’s purpose became clear to him.

He formed Jos Family Law with the sole aim of helping individuals and families in dire need. He devotes himself to the specific needs of every client, offering individual attention and personalized guidance to meet their goals and help them transition to the next chapter of their lives.

Contact a Tustin Family Law Attorney

Call (714) 733-7066 or contact us online to speak to one of our attorneys. We offer comprehensive consultations so you can discuss your case freely without obligation.

CALL US(714) 733-7066

Frequently Asked Questions About Child Support In Orange County.

If you are self-employed or have a fluctuating income, child support in Orange County is still applicable. Your income must be reported and accounted for when establishing the amount of support to be paid. You may also be required to provide financial records and documents as proof of your income.

If your situation changes due to a layoff, raise, or job change, you may need to modify the actual amount of child support that you pay. It's important to keep up with any changes to your financial status in order to keep your payments accurate.

If you have been actually laid off, it is important to notify the court immediately, as your child support obligation may be modified. Depending on your circumstances, you may be eligible for a temporary reduction in payments or a complete exemption.

The court will review your financial situation and decide what is appropriate in your particular case. It is essential & vital to keep up to date with your payments until the court has made a decision. Contact the Orange County Child Support Services for more information.

In most cases, parents with visitation rights are still responsible for paying child support. Even if the other parent has primary custody, the court may decide that both parents should contribute financially to the upbringing of the child.

Depending on the situation, the court may decide that the parent with visitation rights pays a reduced amount of child support. It is important to understand that having visitation rights does not remove the responsibility of paying child support.

Child support payments for military service members are calculated based on their active duty pay and any other income. If there is a reduction in the military service member's income, the court may reduce the amount of child support owed.

The court can also modify orders when the service member is deployed, so long as it does not really cause undue hardship for the other parent. To make sure your child support order is up to date, contact the Orange County Child Support Office for more information.

The answer is generally no. California family courts use the income of both parents in calculating child support. If you have remarried, your new spouse's income is not considered for child support purposes.

However, it may be taken into consideration when the court evaluates your financial situation when determining the amount of child support to be actually paid. It is always a wise idea to discuss any changes to your financial situation with your attorney before making any decisions.

Yes, child support can be retroactively increased if the other parent is underemployed. However, it must be done through a court order. A seasoned attorney can help you file a motion for modification and present evidence that shows the other parent is intentionally underemployed or unemployed. The court may then adjust your child support payments to reflect the other parent's actual earning capacity.

OUR FAMILY LAW SERVICES

Get In Touch

Our attorneys are here to help you during every stage of your case. Schedule a confidential consultation and know your options with the seasoned counsel of top family law attorneys.

Contact Information

Please call, email, or contact our office online to arrange an appointment for your case today.

(714) 733-7066

jos@josfamilylaw.com

1918 W Chapman Ave Suite 200, Orange, CA 92868

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Sonia Fernández

Jos exhibits exceptional compassion and understanding, promptly addressing all inquiries to facilitate clarity and calm throughout the process with comprehensive and sincere explanations. He offers potential solutions to minimize unnecessary court costs. His team operates efficiently and effectively to complete the task. I highly recommend this law firm as it operates with integrity.

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Carlos Serrano

Thank you very much to Mr. Jos and to all his group of professionals who helped me get out of my child support case with a very good result. Each case is different and my case was very complicated. I live in the state of Virginia and the child support office of the state of California was starting a case against me, the amount they wanted me to pay was ridiculously high I didn't know what to do because I don't live in California and I had never met the child either. I searched online for a lawyer in California and thank God I found Mr. Jos's law office. I don't know them personally but I put my trust in them and they didn't disappoint me. We had very good communication despite the distance and they were always available to talk to me and clarify my doubts. Mr. James was the one who took my case to the end and after a long and very difficult process everything went very well in my favor much more than expected. I am very grateful to God for putting the entire team of professionals from Mr. Jos' office on my way. Words are not enough for me to describe everything they did for me and how grateful I am. I definitely recommend Mr. Jos's law firm. Thank you Mr. James for not giving up in my case and having achieved a magnificent result in my favor.

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Alexandra Duvall

Jos Family Law has been absolutely fantastic in helping me through my child custody case. Mr Jos communicated with me throughout the entire process. He was very empathetic and understanding with my case and my concerns. The team was always supportive and never once did I feel like they didn’t take my case seriously. I’m so grateful I chose this law firm to represent me and I would 100% recommend this team to anyone seeking assistance. In the end I received the outcome I was looking for which was Sole Physical Custody. Thank you so much Jos Family for representing me.

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Marco Galatro

This was the second attorney that represented me for my divorce. Binoye is a very knowledgeable, fair, and professional attorney. They are reliable and this made my experience way less painful. They are definitely not greedy for money, they are not one of the many attorneys out there who overbill for their services. I truly recommend them.

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Roya

Mr. Jos is by far the best attorney l've ever had to work with. He is diligent, extremely prepared and informed and patient with his clients and goes above and beyond the call of duty to make sure you get the results you are hoping for. I recommend him to anyone who needs a Family attorney.

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Ricardo Lajaruna

My most sincere gratitude to the attorney Mr. James Sowers, who is very knowledgeable about the law, works with and for his clients. He is very transparent, honest and I am very grateful for his great support. His legal representation is highly recommended!!!

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Nader Zayid

JOS family Law took on my case which entailed custody and move away components and I honestly could not say enough great things about JOS Family Law! Mr. Jos is not only extremely knowledgeable and professional, but it is also extremely obvious how much he cares for his clients on a personal level as well. There is an expression that two heads are better than one, however, Mr. Jos' philosophy takes it further as eight heads are better than two. It was so impressive and reassuring how collaborative everyone at the office works together to meet on regular cadences and discuss their client's cases to brainstorm strategies in order to seek the best possible outcome for their clients. Mr. Jos has an amazing team of extremely talented and knowledgeable attorneys that have worked together on my case. James was the lead attorney on my case and also represented me in my hearing. James was able to get us everything we were asking for as he successfully proved that full custody remaining with me is in the best interest of the children and that the move away is in the best interest of the children as well. We were able to come up with a plan to ensure that the children's mother can visit regularly and still maintain a healthy relationship. James is a rock star attorney! I would without hesitation refer anyone seeking help in a family law matter to call Jos Family Law!

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