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NAPA FAMILY COURT
You want a Fair, Unbiased and Balanced Court System - Easy Fix:
Judges, Attorney's and the Court System that proclaim "Justice": If they are truly educated then they know that "gaming" of system is occurring and the techniques and tactics being used. This begs the question:
- If Judge is not educated and knowledge about the gaming and tactics used like any regular non-legal person = they should be removed as a Judge.
- If they allow gaming and tactics to occur = they should be removed as a Judge and Attorney..
- Simple Fix: Know this is going on, don't allow it, punish those who use it and be fair and unbiased.
#1 Fix - Judges: Judge Applicants & Appointments should only be made available to those are outside the county. Judges can only work in counties that they did not have a vested interest in. Example: There is a law firm in Napa that brags they have had 5 Judges come from their law firm. How likely will fair, unbiased and balance decisions and justice be made with any attorney from that law firm be?
#2 Fix: Change Family Court to Small Claims Type Format with a more transparent easy form to fill. Form includes space for both parties to fill all pertinent information, kids, how many, ages, income, properties etc. Simple solution is that if within 7 years of the time of filling out form with the court it is found that the one party avoided putting in proper information, that they could be held accountable for monies owed plus 10% of value of item and 10% per annum as penalty for not disclosing the information.
Children & Child Support:
- Default should be 50/50 custody and support should disincentive the "incentive" program by one parent to get more money by demanding full custody.
- Support Based on Standard Living Expenses - Unless both parents agree otherwise.
- If both parents do not agree, the simple solution is to have a set amount based on General Standard Living Expenses.
- Based on a fair amount research on child support in Napa from 2010 - 2013 with shared custody, the basic standard amount ranges from $150 - $300 per child.
- If you have some financial means, you will likely pay much more and there is a significant increase in your spouse to "Game" the system, because your Spouse, Attorney's, the Court, Judges, DCSS,. State and Federal government are also incentive to see that amount increased.
- Health Care Expenses are automatically shared 50/50%. How hard is it that if one parents health insurance provides the best health care, costs $100 / month, co-pay of $30and pays balance of Usual and Customary expenses, that the spouses split the $100 / month + $25 co pay = $65 by each parent and then 50% of balance. Like you, I am not an Attorney or Judge and this seems pretty simple - right?
- If court is truly there for children, then Judges, Attorney's and Court will not allow "gaming" to continue to help financially line the pockets of the attorney's who become Judges instead of the money going to the children, their school, sports etc. I blame Judges, Attorney's and Court almost more than the spouse who uses / abuses the system as the Court has created and allowed this system to be used in this manner.
- One Parent wants Full Custody:
- Claims of Abuse: See Abuse Rule
- Provide $10 per 10% increased custody beyond the 50% per child. Thus if 100% custody (50% increase from 50/50), then that spouse gets $50 additional per child or if 60/40 then the $10 extra per child. This should significantly decrease the incentive of demanding 100% custody, promote a greater desire to share 50/50 so that both parents are equally in the lives of their children.
- Claims of Abuse:
- Upon Claim of Abuse, then several protocols are followed:
- #1: Inform Claimant that if clam is found to be false that they will automatically face a $5,000 fine, 100% of Attorney's and Court Costs, 3 months jail time and accused spouse may get up to 100% full custody and can file a civil claim for damages.
- #2: Immediately have 4 for 5 individuals fill a standard question form out with one-two being neighbors, one-two others and one-two who work with you, Question: How long have known both parties?, What do you know what happened? Where you witness to claim or how /whom did you hear about it? Etc. Have those individuals come into court, sequester them and ask them questions to determine best who is telling the truth.
THIS WEBSITE and all of the materials and information on the Site is general in nature and are provided for informational purposes only.
Nothing on the Site should be construed as legal advice or used as a substitute for legal advice. The opinions stated in this site are based on personal experience.