There are several main issues that need to be determined either by agreement of the parties or court decision in order for a divorce to occur: Child Custody (legal and physical custody), Support (child if applicable and/or spousal/alimony) and Property Division (asset and debt division). Ms. Wong Leong is knowledgeable in all areas, including complex child custody issues such as relocation, jurisdiction disputes, and complex property division involving business and real estate.
When parents of children are not married, a civil suit can be brought to establish the biological parents of the child(ren), the parent(s) custodial (physical and legal) rights regarding the children, and the amount of child support to be paid (if any). A paternity case (sometimes referred to as custody case) can be just as complex and stressful as a divorce. Contact Wong Leong Cuccia, LLLC now to determine your rights and the appropriate steps to take in order to protect or invoke your rights. The best time to obtain legal advice is before you need it.
Hawaii State law requires child support to be paid pursuant to guidelines which are revised every four years. In order to determine the amount of child support that should be paid, a specific formula is implemented. Deviating from the amount established by the guidelines requires proof of an exceptional circumstance.
Post-Decree/Judgement Enforcement or Modification
After a court order has been entered, sometimes circumstances arise which call for the order to be modified, amended or enforced. The Family Court has continuing jurisdiction over many parts of a prior Family Court order. If you already have a Family Court order, even from another jurisdiction, contact Ms. Wong Leong now if you would like to modify or enforce the order, or if you have received court documents from another party regarding a prior court order.
Mediation/Collaborative Divorce/Alternative Dispute Resolution
Ms. Wong Leong has been trained in both mediation and collaborative law. Divorce and separation from a loved one does not always have to be litigated in the courtroom. In fact, the best solutions, especially in cases involving children, are often ones that both parties have had a part in creating by agreement. Contact Wong Leong Cuccia, LLLC today if you would like to explore whether your matter can be resolved through an alternative dispute method.
Pre-Marital & Post Marital Agreements
Divorce is something that most couples are not contemplating when they commit to marry. However, when you are contemplating marriage is usually the best time for couples to consider and plan in the event that separation occurs. An agreement that specifies how the most commonly disputed issues in a divorce are resolved can help to avoid stress and expense of future litigation. Call now to find out how cost-effective such an agreement can be!
Parental rights are a constitutional right afforded to biological parents of children. However, there are circumstances which require those rights to be transferred temporarily or permanently to another individual. If you are interested in learning more, contact Wong Leong Cuccia today.
When there is an allegation of abuse or risk of harm to a child, the State of Hawaii, through its Department of Human Services, Child Welfare Services branch, may become involved and remove the child from the home or recommend services for the parents. Wong Leong Cuccia can help you to determine rights, protect them and enforce them.