Smart Law Blog

Changing your legal name in California involves a process with a local court. This process can take up to three months to complete. This article gives some general steps that are involved. Keep in mind these steps can change, and because there are many details that must be correct in the process of a name change, to get a name change completed as quickly and easily as possible, it may be helpful to have a lawyer assist you in the process of a name change.

Initially, a “Petition for Change of Name” must be filed with the correct court. This initial process may require multiple forms to be completed and different courts may require different forms. Before filing your “Petition for Change of Name” with the court clerk, it is strongly recommended that those forms are reviewed for accuracy before filing. Also, before filing, it is important to have at least two copies of all of the forms you are filing, as the court will keep your original copies and you will need additional copies for you records and other purposes.

There may be a requirement to publish the Order to Show Cause for Change of Name in a newspaper for a set period of time, four weeks for example. Typically, courts will have a list of approved newspapers for publishing legal notices such as this.

For a “Petition for Change of Name,” the court may or may not require a hearing. If there is a hearing, you will need to show up to court for the hearing.

If the court approves your request for a change of name, the Judge will sign a document called “Decree Changing Name.” With the signed decree, you can get a certified copy of the decree from the court clerk. From there, you can use the certified copy of the decree to change legal documents, such as your birth certificate, social security card, and other identification.

In this process, the court may deny a name change if it finds that a name is being changed to commit fraud or to avoid legal issues, to avoid the police, or for any other illegal reason.

Costs related to this process will including a filing fee with the court, fees to publish a legal notice (if required), and fees to pay a lawyer, if you decide to have a lawyer help you through the name change process. Note, for very low-income people, the court may grant a waiver of court fees.

In California, generally, “child abduction” is the violation of another’s right to physical custody of or visitation with a child. Here, a violation may be the result of a taking, enticing away, keeping, withholding, or concealing the involved child. It may be important to distinguish “child abduction,” which refers to a family related abduction, and “kidnapping,” which is an abduction by a stranger.

Most often, abduction occurs within the context of parents who are subject to a custody order.

If there is a child abduction within the context of an out-of-state custody order, court orders from other states or countries are generally enforceable in California. Here, if you live in California, it is child abduction for another person to deprive you of visitation or custody, even if your custody rights are contingent on court orders from another state.

If you believe your child has been abducted, contact your county’s district attorney to find out how to report child abduction in your county. If you believe that your child is in immediate danger, call 911.

The issue of so called Jackson Credits typically arises when one parent claims that the other parent has not paid the appropriate amount of child support. Here, the parent that is in arrears, the parent charged with owing unpaid child support, can request Jackson Credits for the time that he or she has unnecessarily had custody of the child. The basic idea is that by having custody of the child when not being required to have custody of the child, the parent has paid his or her share of child support and should get a type of credit against his or her obligation to pay child support.

Jackson Credits arose out of a case known as Jackson v. Jackson. In this case, the mother of the child charged the child’s father with not paying the required amount of child support. However, the father had 100% custody of the child. Though the previously approved child support order required the father to pay child support, the court determined that the father in this case met his child support obligation by maintaining custody of the child.

If you think you may be entitled to Jackson Credits, you may be able to request a judicial review of unpaid child support. To accomplish this, a motion must be filed with the correct court with an explanation and itemization of your child support, including the amount you have paid in child support, and evidence showing that you are entitled to a Jackson Credit.

To get the right start with obtaining Jackson Credits, it is important to contact an experienced attorney that can help you determine if you qualify for Jackson Credits and assist you throughout the process of obtaining Jackson Credits. Contact SmartLaw now to find a qualified lawyer to assist with Jackson Credits.

Before 2018, in divorce proceedings pets were considered to be property, meaning that one spouse would become the sole owner of the pet after divorce. At that time, if you did not become the sole owner of a pet, you may never see the pet again.

However, due to new legislation, after January 1, 2019, judges in court proceedings throughout California are to defer to the best interest and care of the animal. Below are some key points in this relatively new law regarding pet custody:

• Either spouse can petition an order seeking custody of their pet.
• Companion animals must be treated differently from other kinds of marital property.
• California courts can establish a custody-like arrangement (shared custody) between the separating or divorcing spouses and their pets.
• The court can enter an order requesting one spouse to take care of the animal before final ownership is determined.
• The court will assign joint or sole ownership of community property pets taking the pet’s well-being into consideration.

Some of the factors that a court may consider when determining the shared custody of a pet are as follows:

• Safety and health of the pet
• Spouse who covers the vet costs
• Spouse who acquired the pet
• Spouse who has a more emotional connection with the pet
• Spouse with enough resources or space to care for the pet
• Spouse that puts the most time in to feed, play with, and otherwise care for the pet
• Spouse who often manages the animal’s daily needs
• Which spouse is the better care provider
• Spouse whose name the animal is registered under

Since pets are considered to be community property in California, a family court may assign joint and sole ownership of the pet.

If you are considering divorce and would like to have a divorce attorney that is experienced in dealing with pet custody issues, contact SmartLaw today.

There are many elements involved in purchasing a car, which is why car dealership scams are so common: price, interest, fees, leasing, buying, and value just to name a few. Below are some steps you can take to avoid being scammed and to avoid paying more than you have to for a car.

Do Research Before You Go to a Car Dealership
To avoid paying more than the reasonable value of a car, learn about the type of car you would like to purchase. When purchasing a new car, it’s easy to learn how much the car is worth and how much the car is generally being sold for in your area. Also, for new cars, some online research will also tell you how much upgrades are worth. Learning this information in advance will give you an advantage when negotiating price. Here, you will know if the price that is being offered is a reasonable price.

When purchasing a used car, learning the value of the car isn’t as easy, but there are resources online that will allow you to learn, generally, the value of a used car based on how much the car has been used. Certified inspections and warranties are also valuable when it comes to used cars, as you can never know, even based on a test drive or looking under the hood, if the car has some type of mechanical issue that you are not expecting.

Get Pre-Approved for a Car Loan
Car dealerships often make a significant amount of profit on charging an interest rate that is higher than what you may qualify for. Before you go to a dealership, you can get pre-approved for an auto loan by a bank based on your budget. If you are pre-approved for an auto loan, the car dealership cannot charge you more in interest than you would qualify for at a bank. Also, note that some banks may charge lower interest rates for auto loans than other banks. Either way, if you get pre-approved for an auto loan by a bank, the car dealership will not be able to apply an exorbitant interest rate, which the car dealership can make money on.

To avoid high interest scams, it is also good to know what your credit score is in advance, as your credit score will likely impact the interest rate that will be applied. Generally, whether your credit score is high or low will impact the amount of interest on a loan you may need to pay.

Do Not Negotiate Based on Monthly Payments
Negotiating based on monthly payments is probably one of the most common car dealership scams. Though many car manufacturers and dealerships will advertise the price of a car, most often a car salesperson’s first question will NOT be, “How much do you want to spend on a car?” The salesperson’s first question will likely be, “What can you afford in terms of a monthly payment?” Just because you can afford to pay $400 per month, for example, does not mean that the car you want to purchase is worth $400 a month.

Here, a salesperson will want to move a car purchase along as quickly as possible based on your monthly payment budget. However, take the time to calculate your monthly payment over the term. For example, if you pay $400 each month for five years (60 months), that means you will be paying $24,000 for the car. A quick calculation like this will allow you to determine if the car is worth the total cost, or if you will be paying more than what you want to spend or more than the advertised cost.

Be Ready to Walk Away
Car salespeople have a reputation for being aggressive, and this can make it hard to avoid a deal that you will later regret. Before you go to a car dealership, make a promise to yourself (or someone else) that if the deal doesn’t seem quite right at any point or if you are not 100% comfortable and satisfied, you will walk away from the purchase.

Buying a car can be a big deal, a commitment of many years, and people are often anxious about going to a dealership. Car salespeople are also really good at making the process hard to stop once you start a conversation with a salesperson at a dealership. However, at any time prior to signing documents, you can just walk away from the transaction if things feel weird, if you feel pressured, or if you feel like something isn’t right.

Compare Prices at a Different Dealership
Another way to ensure that you are not getting scammed by a car dealership is to shop around and let multiple dealerships compete for your business. Presuming you know the precise car you want to purchase, getting offers from multiple dealerships on the same year, make, and model of a car could prove to be valuable, as some dealerships may be more competitive, or you may see a drastic price difference between dealerships, thereby avoiding a potential scam.

The Americans with Disabilities act, also knows as the “ADA,” protects qualified individuals with disabilities from discrimination on the basis of disability in the provision of benefits and services.

This article includes a few things that business can do and things that business should avoid to comply with the ADA. By no means is this list of tips exhaustive. As always, check with a lawyer who is qualified in ADA to get details about your business and ADA compliance.

Business entities that are subject to the ADA must not, on the basis of disability:
Exclude a person with a disability from a program activity;
Deny a person with a disability the benefits of a program or activity;
Afford a person with a disability an opportunity to participate in or benefit from a benefit or service that is not equal to what is afforded others;
Provide a benefit or service to a person with a disability that is not as effective as what is provided others;
Provide different or separate benefits or services to a person with a disability unless necessary to provide benefits or services that are as effective as what is provided others;
Apply eligibility criteria that tend to screen out persons with disabilities unless necessary for the provision of the service, program or activity.

Covered business entities must:
Provide services and programs in the most integrated setting appropriate to the needs of the qualified individual with a disability;
Ensure that programs, services, activities, and facilities are accessible;
Make reasonable modifications in their policies, practices, and procedures to avoid discrimination on the basis of disability, unless it would result in a fundamental alteration of the program;
Provide auxiliary aids to persons with disabilities, at no additional cost, where necessary to afford an equal opportunity to participate in or benefit from a program or activity;
Designate a responsible employee to coordinate their efforts to comply with Section 504 and the ADA;
Adopt grievance procedures to handle complaints of disability discrimination in their programs and activities;
Provide notice that indicates that the covered entity does not discriminate on the basis of disability;
Provide notice the indicates how to contact the employee who coordinates the covered entity’s efforts to comply with the law
Provide notice that indicates information about the grievance procedures.

In California, it is the law that every driver must have a minimum level of insurance coverage. The purpose of car insurance coverage is to insure that damages related to a car accident can be covered to a certain degree.

In the event of an accident, victims who suffer property damage, damage to their “person” (physical injuries), or other types of damages may be able to rely on the insurance coverage of a party that was negligent or determined to be “at fault.” However, some drivers break the law and drive without car insurance, which may leave others involved in an accident without a safety net to cover damages.

In cases where you may be involved in an accident with an uninsured driver, there are few options that may be helpful. The first step in deciding what to do should include contacting an experienced lawyer. A lawyer can help you to determine exactly what your insurance policy will cover in an accident with an uninsured motorist. For instance, you may or may not have insurance that specifically addresses uninsured motorists

If you’re insurance policy does not cover accidents with uninsured motorists, you may decide to sue the uninsured motorists for damages, which may involve a small claims case if damages are in the amount of $10,000 or less or a more involved civil case, if damages are in the amount of $10,000 or more.

Finally, in some cases that involve uninsured motorists, disputes can arise as to what your own insurance company will and will not cover. Here, lawyers can also help you to negotiate with your insurance company or even another person’s insurance company in the event of dispute over coverage. Often, having a lawyer negotiate on your behalf can result in a better settlement of a dispute.