Domestic Violence

Regrettably, domestic violence is still an all too common occurrence in some marriages or relationships. False allegations of domestic violence in order to obtain a litigation advantage during a divorce proceeding is also a disturbing trend among some litigants.  If you need help obtaining a domestic violence restraining order or defending against one, The Law Office of Eric S. Moyal, APC can assist you. These matters require immediate attention and zealous advocacy. Attorney Moyal is experienced in this area and can advise you as to the appropriate course of action.

Child Custody/Visitation

Child sharing can often be the most difficult issue during your separation or during and after your divorce. It is the policy of the State of California for both parents to have frequent and ongoing contact with the minor children. The goal of the Court is to make custody and child sharing determinations that are in the “best interests” of the children.

When the parties’ are unable to agree on a child custody schedule or when co-parenting issues prove difficult, experienced counsel and practical solutions can be invaluable. Attorney Moyal has experience in both litigating and settling complex child custody cases.

When appropriate, our office works with therapists, custody evaluators, parenting coordinators, and other experts to help you and your children through the divorce process and to craft a parenting plan that is best for them.

Child Support

Child support is determined by a formula set forth in the Family Code. The Court will examine each party’s income, along with various recognized expenses and deductions and the time share percentage that each parent has with their child(ren) to determine the amount of child support to be paid. Understanding the financial aspects of family law and what type of income is considered available for support purposes requires legal training and family law experience. All to common is a situation where a party misrepresents or under discloses their true income to avoid paying guideline child support. Attorney Moyal has the experience necessary to identify these issues and ensure that you are paying or receiving the statutorily prescribed amount of child support.

Spousal Support

Spousal support, also commonly known as alimony, is an award that the Family Code allows the Court to make for the purpose of allowing the parties’ to maintain the standard of living established during marriage. Unlike child support, there are no mandatory guidelines setting forth the amount of a permanent spousal support award. The Court has broad discretion in setting the level of spousal support and the Family Code contains numerous factors that the Court is to consider when awarding spousal support. Mr. Moyal is experienced in representing parties seeking spousal support and defending against an award when it is inappropriate . Similar to child support, understanding the financial aspects of family law and how income is computed and attributed to each party is crucial when requesting or modifying spousal support.

Property Division

Dividing marital property is often the most challenging part of a divorce. When dividing marital property one has to consider all the different types of property that have been accumulated during marriage, the character of the property as separate or community and any reimbursements due to a party. Some marriages can have relatively simple property issues such as the division of a single marital residence, bank accounts and vehicles. Others, can be far more complicated, especially when the parties’ own a business or have corporate interests such as stocks or options. A few examples of additional assets that may need to be considered in the property division process is as follows:

• Real estate investment properties
• Stock options, securities and other investment accounts
• Patents, trademarks, copyrights and other intellectual property
• Employee benefits such as options or deferred compensation plans
• Pensions, IRA, 401K retirement plans
• Any undisclosed or hidden assets

The Law Office of Eric S. Moyal, APC is here to assist you in all your property division matters. When appropriate we also refer our clients to other professionals we have developed a relationship with that are often indispensable  to the property division process such as; forensic accountants, appraisers and tax attorneys. Attorney Moyal will fight to protect your rights and achieve your goals during this complex and difficult process.