Frequently Asked Questions
1. What type of cases do you handle?
Andy Cook handles cases that involve child custody, child support, divorce, domestic violence, paternity, property division, legal separation, paternity, spousal support, nullity of marriage.
2. Where do you appear in court?
Andy Cook handles cases throughout San Diego County (downtown, North County/Vista, East County/El Cajon and South County/Chula Vista). The cases downtown include the Family Court Building on Sixth Ave., the Madge Bradley Building on Fourth Ave., and the Family Support Division on Broadway. Andy Cook has also handled family law cases in the following counties: Riverside (Hemet and the City of Riverside); San Bernardino (Rancho Cucamonga and the City of San Bernardino); Imperial (El Centro); Los Angeles (Burbank and Long Beach); and Orange (Santa Ana).
3. What does it mean to be a certified family law specialist?
A certified family law specialist in California means someone who has been specially designated as a specialist in family law by the State Bar of California, Board of Legal Specialization. The vast majority of attorneys who handle family law cases in San Diego County are not certified family law specialists. San Diego family law attorney Andy Cook is certified as a family law specialist by the State Bar of California, Board of Legal Specialization. In order to be a specialist in family law in California, a lawyer must pass not only the Bar Examination but a special test in family law. Also, he or she must receive recommendations from judges and lawyers and have sufficient experience in trials and other complicated family law matters. Be wary of lawyers who claim on their letterhead or in other ways that their practice is “limited” to family law or that they simply “specialize” in family law or that they “emphasize” family law. None of this means that they are a specialist as licensed by the State Bar of California, Board of Legal Specialization, like Andy Cook.
4. Do you Know the Family Law Judges?
Yes, most of them. But more importantly, they know certified family law specialist Andy Cook. His reputation is for being extremely hard working, always prepared, and very knowledgeable.
5. Why should I hire you?
As stated above, Andy Cook is one of the few California lawyers certified as a family law specialist by the State Bar of California, Board of Legal Specialization. In addition, there are few attorneys who are as reliable and dependable as Andy Cook. He does what he says. He keeps you informed. He has a great memory and an ability to pay attention to detail. He is a great writer and a poised, strong advocate in court.
6. Do I have to go to court?
No, not in every case. If the parties settle the case out of court by filling out the proper paperwork early enough in the case, there is no need for a court appearance. Also, if one side refuses to participate in the process, the other side can fill out court papers and get a default judgment without having to go to court.
There are other situations where only the lawyers are required to attend and you attend only if you wish.
7. Are there any other attorneys in your office?
Yes. Attorney and Californian August Miller is a full-time associate. August Miller has spent her entire career in family law and worked for three family law practices as well as a judge before joining our team.
8. How does the Family Court decide custody and visitation?
The Family Court generally has to make a determination about what is in the best interests of your child or children. This involves looking at the age of a child and what schedule he or she was following before the case went to court; any history of illegal drug use or alcohol abuse; any history of domestic violence; and the general goal that children have frequent and continuing contact with both parents. There are other factors the court looks at in certain cases. For example, beginning in 2012, a child 14 years or older will be able to address the court regarding his or her wishes with respect to custody and visitation, in most cases.
Child custody and visitation is an emotional issue and can have a dramatic impact on the future relationship between a parent and child. The amount of time each parent spends with a child also affects child support. Because of the importance of child custody and visitation, be sure to consult family law attorney Andy Cook well in advance of your court hearing. Remember, Andy Cook is certified as a family law specialist by the State Bar of California, Board of Legal Specialization.
9. How does the Family Court decide child support?
State law requires California to use a computer formula, called “the Guidelines”, to determine child support in virtually all cases. The Guidelines take into account your income or ability to earn an income; the other party’s income or ability to earn an income; the number of children the two of you had together; and the amount of time that you spend with your child or children. Sometimes it is difficult to determine what a person, especially a self-employed person, earns. Other times there may be a dispute over whether a person who is not working really could work, and if so, how much he or she could earn. That is why you need the services of a family law attorney like Andy Cook, who is certified as a family law specialist by the State Bar of California, Board of Legal Specialization.
10. How does the Family Court decide spousal support?
Traditionally, most San Diego judges have used the same computer formula to determine temporary spousal support. Temporary spousal support is support that is designed to help the person receiving the support until there is a trial where there is more time to listen to each side explain to the court what spousal support should be. At trial, the court is not allowed to use the computer formula. Instead, the court has to consider about 13 different factors including income; age and health; assets and debts; the marital standard of living; any time off from work devoted to domestic duties; any history of domestic violence; and the need for spousal support and the other party’s ability to pay. In a spousal support case, the issues include how much spousal support should be and how long the payer should have to pay it. Remember, there are lots of cases where no spousal support is awarded. Because of the wide possibilities in a spousal support case, you need someone like Andy Cook, a San Diego County family law attorney certified as a family law specialist by the State Bar of California, Board of Legal Specialization.
11. How is property divided?
In California, a family court has to divide all community property assets and all community property debt equally. Community property is all property, wherever located, acquired by a married person while domiciled in (which usually means living in) California, with certain exceptions. Because the law of community property affects what happens to your house, your retirement, your cars, your credit card debts, and your bank accounts (regardless of whether these items are in your name or the other person’s name or both parties’ names), you should consult with Andy Cook, a San Diego County family law attorney certified as a family law specialist by the State Bar of California, Board of Legal Specialization.
12. Is it possible to get the other side to pay for my attorney fees?
Yes. If the other side makes considerably more money than you do, the family court may award attorney fees so as to give both sides a fair playing field, i.e., equal access to attorneys. Also, if one side has behaved unreasonably, the family court may use the unreasonable behavior as a separate basis for an award of attorney fees. There are other statutes or rules that allow a family law court to award attorney fees.
13. What if I have already been to court. May I appeal?
Many decisions can be appealed, but you only have a certain amount of time to do it! You need to speak to an attorney fast to figure out how many days you have from the time the court ruled against you to appeal. You also have to figure out when the “clock starts ticking” regarding the number of days that you have. Of course, you also have to figure out whether you stand a chance of winning, and, if so, how much it will cost.
If you do appeal, three “justices” will review the court record before deciding what to do. Although this may be an oversimplification, the justices are usually trying to figure out whether the judge in your case made a mistake, and, if so, whether the mistake had any impact on the decision that the judge made.
The justices work in a separate courthouse called the “Court of Appeal”. The justices are appointed by the governor of California and do not include the judge or commissioner who ruled on your case.
