Experienced Family Law Attorneys Serving Monterey, CA
At Schoenberg Family Law Group, P.C., we understand that family law matters can be complex, contentious, and emotionally draining. With over three decades of experience, we offer compassionate, confidential legal support. Our dedicated Monterey family law attorneys provide expert guidance and client-focused representation. We’re committed to helping you navigate the legal process as smoothly and efficiently as possible.
Our skilled and caring team is here to advise and inform you, providing the confidence you need to make clear decisions for your family in difficult times. Whether through negotiation or litigation, we offer strategic advocacy, creative solutions, and a personalized approach to resolving crucial issues. We strive to alleviate your logistical and emotional burdens while managing your case. We specialize in family law, including:
- Child Support
- Modifications to Child Support
- Child Custody
- Modifications to Child Custody
- Divorce
- Paternity
- Property division
- High-asset and high-conflict cases
Debra R. Schoenberg leads our team of talented, dedicated family attorneys. Debra brings more than 35 years of experience in family law. She holds the title of Certified Family Law Specialist from the State Board of Legal Specialization, is a Fellow of the American Academy of Matrimonial Lawyers (AAML), and is also a Board-Certified Family Law Trial Specialist by The National Board of Trial Advocacy (NBTA).
Every member of our firm is committed to the highest standard of client service, building relationships on personal attention, clear communication, and trust. We are committed to providing the very best in family law services. Contact us today to speak with one of our knowledgeable, compassionate attorneys.
Child Support and Family Law Cases in Monterey
In California, both parents have a legal obligation to support their children financially. Child support is a court-mandated monthly payment designed to help cover the costs of raising a child and ensuring their stability. Judges use state guidelines and specific formulas to determine the amount of support.
Child support is typically based on both parents’ gross incomes and the time each parent spends with the child. It is financial support covering:
- Food
- Clothing
- Shelter
- Personal care necessities
In addition to child support, parents generally share the cost of employment-related childcare and unreimbursed medical expenses.
Child support continues until:
- The child turns 18 or graduates from high school, whichever is later
- The child marries, dies, or becomes emancipated
- If a child has a disability and cannot support themselves, the court may extend support obligations beyond age 18.
Modifying Child Support or Spousal Support Orders
Changes in life circumstances can make it necessary to adjust child or spousal support orders. However, failing to pay court-ordered support can lead to severe consequences such as contempt charges, interest penalties, or even jail time.
Our attorneys help clients seeking modifications due to:
- Sudden job loss
- Reduced earning capacity due to illness, injury, or disability
While these factors don’t guarantee a modification, they provide valid grounds for court consideration. If you’re facing challenges in maintaining support payments, we can advocate on your behalf for a modification.
Child Custody & Family Law Cases in Monterey
California law requires parents to have a parenting plan in place, which outlines child custody arrangements and visitation schedules, prioritizing the child’s best interests.
The court evaluates factors such as the child’s age, health, emotional well-being, school and community ties, and any history of abuse or neglect when determining custody. If one parent receives custody, the other usually gets visitation rights based on the child’s best interests. Custody and visitation orders can be modified by the court if circumstances change.
Common Child Custody Schedules in California
When parents work together to create a custody arrangement that is fair and serves the child’s best interests, they can avoid court intervention. The team at Schoenberg Family Law Group, P.C. helps facilitate these discussions. Some common child custody arrangements include:
- Alternating Weeks: Each parent has the child for one week at a time.
- 2-2-3 Schedule: One parent has the children Monday and Tuesday, the other parent Wednesday and Thursday, and the weekends are alternated.
- 3-4-4-3 Schedule: Parents alternate 3 and 4-day periods, repeating every week.
- Sole Custody with Visitation: One parent has sole custody, with the other parent visiting every other weekend and one evening a week.
The parenting plan should also address holiday and school vacation schedules. Our legal team can assist in creating a plan that works for your family’s specific needs and meets the court’s approval.
Divorce in Monterey
California is a “no-fault” divorce state, meaning that divorces are based on irreconcilable differences rather than fault. You do not need to give a reason for ending the marriage and the court will not consider “grounds.” If one or both partners wish to end the marriage, they can get a divorce.
To file for divorce in Monterey, at least one spouse must have lived in California for six months, and in the county for three months prior to filing. For same-sex couples married in California but living in a state that doesn’t recognize same-sex divorce, they can file in California.
Note that a six-month waiting period is mandatory before the court can finalize a divorce.
Mediation in Monterey
Mediation offers a less adversarial, informal way to resolve divorce-related issues, including property division, child custody, and support. In mediation, spouses work with a neutral mediator to reach a mutually agreeable settlement.
California law requires parents to participate in custody and visitation mediation. A mediator helps parents create a plan that serves the child’s best interests. Mediation agreements are not final until approved by the court. If mediation doesn’t result in an agreement, the case will proceed to litigation.
It’s beneficial to have a family law attorney represent you during the mediation process.
Paternity
Paternity is an important and sensitive issue that impacts child custody, visitation, support, and inheritance.
In California, children born during a marriage are automatically presumed to be the biological offspring of the marriage; however, the court doesn’t automatically assume that an unmarried father is the biological parent, even if his name is on the birth certificate. In such cases, paternity must be established through either a voluntary declaration or a court order.
Our firm assists parents in establishing paternity through various legal avenues, including highly accurate DNA testing, and helps resolve related issues. Once paternity is established, the father gains rights to seek custody, visitation, and must assume financial responsibility for the child.
Schedule a Confidential Case Review With Our Monterey Family Law Attorneys
Schoenberg Family Law Group, P.C. offers comprehensive family law services in Monterey, CA. Our attorneys provide thoughtful, creative solutions with a focus on trust, communication, and integrity.
Contact us today for a confidential consultation to discuss how we can assist you with your family law matters.
