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Bankruptcy Attorney in Carlsbad, California
Law Offices of Cathy M. Hersch
(no reviews)000-000-0000
2780 Gateway Rd Carlsbad CA 92009
Business Description
When you need a Bankruptcy Attorney or a Family Law Attorney in San Diego, North County, East County and Riverside County, you can rely on the Law Offices of Cathy M. Hersch. We offer legal representation for a variety of cases. We strive to educate our clients and inform them of their options so we can get the results they want. For an attorney who sincerely wants to help you resolve your problems, call on the Law Offices of Cathy M. Hersch.
Mission Statement
To provide Carlsbad quality Attorneys assistance as a Bankruptcy Attorney, Bankruptcy Law, Bankruptcy Lawyers and Bankruptcy Filing.
Law Offices of Cathy M. Hersch meeting your Attorneys needs since 1993.
Cathy Hersch has been working in the legal field since 1983. She practices bankruptcy law, family law and estate planning.
In the area of bankruptcy law, Cathy Hersch does Chapter 7s, 11s and 13s. She also helps negotiate your debts if you do not want to file for bankruptcy.
In the area of family law, Cathy Hersch does divorces, mediations, orders for child support and spousal support orders, modification, enforcement and termination of orders - Prenuptial and Postnuptial Agreements and child custody. Cathy Hersch also prepares living trusts, pour-over wills, and durable power of health care directives.
1)
Chapter 7 - When you are facing foreclosure, repossession of a vehicle, overwhelming debt or a lawsuit, a Chapter 7 will help you wipe out all of your debt (student loans cannot be discharged) including most tax liabilities over 3 years old.
Chapter 7 will give you a fresh start while allowing you to keep your home, vehicle and other assets. Retirement and employment plans are exempt and cannot be used to repay debts under a Chapter 7.
Chapter 7 immediately stops foreclosures & repossessions, wage garnishments, enforcement of judgments, bank levies, lawsuits and creditor harassment.
Chapter 13 Bankruptcy - Allows you to consolidate debt into one low monthly payment over a period of time. It will also eliminate some or all interest, and eliminate up to all unsecured debt. Chapter 13 allows you to keep your assets in most cases and keeps you in control over your income. It also can eliminate certain debts that can not be discharged in chapter 7.
Chapter 13 immediately stops foreclosures & repossessions, wage garnishment, bank levies, lawsuits, creditor harassment and interest on tax liabilities.
2)
DIVORCE
California is a "no-fault" state with respect to dissolving a marriage. The bases for dissolving a marriage are irreconcilable differences or incurable insanity. Fault -- like adultery, desertion, mental cruelty, and other grounds -- is no longer required in order to obtain a divorce.
Before filing for dissolution of marriage in California, one of the parties must live within California for six months. Additionally, one of the parties must live within the county where the dissolution is filed for three months. A party is required to file a Summons and Petition for Dissolution. These documents must be filed with the court and personally served on the other party.
Six months after you have served the other party with the Summons and Petition for Dissolution, you are entitled to request the court enter a Judgment of Dissolution of Marriage. The court will not automatically enter a Judgment for Dissolution. You must file a motion and request it from the court. A party can request the court grant their dissolution of marriage after the six-month waiting period even if there are other issues that remain to be resolved. When a Judgment for Dissolution is granted by the court, a party is free to remarry.
CHILD SUPPORT
Both parents of the minor children have equal responsibility for the support, maintenance, and education of their minor children. The obligation to support children terminates at the age of majority, 18 years of age, or if the child is a full-time high school student, when the child graduates or is 19 years of age, whichever occurs first.
The State of California has uniform child support guidelines. With the exception of an unusually low wage earner or unusually high wager earner, the court does not have discretion to award child support outside of the uniform child support guidelines. Support guidelines are based on a calculation based on the net income of both parents. Generally, child support is not taxable to the recipient nor tax deductible by the payor.
SPOUSAL SUPPORT
Until there are final orders from the court, the court may award temporary support to a spouse. The purpose of the temporary support is to help the spouse in need maintain status quo until the dissolution of marriage is entered or until an agreement is otherwise reached between the parties. At the conclusion of your case, the court may award support for a specific duration of time. Unless you and your spouse come to an agreement, the court may order you receive spousal support for one half of the time you were married to your spouse.
Whether or not a party will be awarded further spousal support depends upon several facts, including but not limited to:1. The need of each party based on the standard of living established during marriage;
2. The duration of the marriage;
3. The obligations and assets including separate property of each;
4. The ability to pay of the supporting spouse, taking into account the supporting spouse's earning capacity, earned and unearned income, assets, and standard of living;
5. The extent to which the supported spouse contributed to the attainment of an education, training, career position, or a license by the other spouse;
6. The ability of the supported spouse to engage in gainful employment without interfering with the interests of dependent children in the custody of the spouse;
7. The age and/or death of the parties;
8. The immediate and specific tax consequences to each party;
9. And on other factors which the court deems just and equitable.
As a general rule, spousal support is tax deductible by the spouse paying support, and the supported spouse must pay income tax on any amounts received. The amount of spousal support may be changed, or modified when there is a showing of change in circumstances by either party.
PROPERTY RIGHTS
Under California law community property is any property acquired by a husband and wife during marriage with community earnings, accumulations, and profits during marriage. In California a marriage is generally viewed as a partnership where both husband and wife are viewed as having equal ownership of all assets acquired during marriage. Generally these assets include a home, furniture, automobiles, pensions/retirement, stocks, bonds, recreation vehicles, and collections. Likewise, debts incurred during marriage are community debts and both husband and wife are equally responsible for debt repayment.
Under California law the court requires that all community property be divided equally. The court has discretion in determining how to divide community property to assure that a fair result is reached. This does not necessarily mean that each asset will be divided equally. The court is only required to divide property as equally and equitably as possible.
SEPARATE PROPERTY
Under California law separate property is any property owned by one spouse prior to marriage or acquired by that spouse during marriage by inheritance or gift. Additionally, interest or income from those assets are the separate property of that spouse. A spouse has no ownership interest in the separate property of the other spouse whatsoever. The only time a spouse may get an interest in the other spouses separate property is when there has been a commingling of those assets.
Serving Area:
Carlsbad, North County Coastal, North County Inland, San Diego, South Bay, East County, Orange County, Riverside
County
San Diego
Serving Zip Code:
92009
Latitude
33.12909
Longitude
-117.247064
Year Established
1993
Payments Accepted
Areas Of Practice:
Bankruptcy Attorney
Bankruptcy Law
Bankruptcy Lawyers
Bankruptcy Filing
Chapter 7 And 13 Bankruptcy
13 Bankruptcy
7 Bankruptcy
Bankruptcy Service
Bankruptcy
Bankruptcy Lawyer
Family Law Attorney
Domestic Partnership
Bankruptcy Lawyer
Divorce Lawyer
Divorce Attorney
Child Support
Prenuptial Agreement
Family Law
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Citations
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Contact Information
Direct Email Contact
Mailing Address
2780 Gateway Rd
Carlsbad, CA 92009
Telephone/Fax
000-000-0000
Website
Other Website
Email Contact
You can also email Law Offices of Cathy M. Hersch direct by filling out the form on the right.
Our Hours
| Sunday: | CLOSED |
| Monday: | 9:00AM to 5:00AM |
| Tuesday: | 9:00AM to 5:00AM |
| Wednesday: | 9:00AM to 5:00AM |
| Thursday: | 9:00AM to 5:00AM |
| Friday: | 9:00AM to 5:00AM |
| Saturday: | 9:00AM to 12:00PM |
Law Offices of Cathy M. Hersch in Carlsbad, CA has a higher trust score for Bankruptcy Attorney than:
