Justin DiMateo asked:


In the event of a divorce between two parents, the welfare of the children is a predominant concern for the court. One of the issues that must be decided in these situations is the custody of the children, or who they will live with. The other issue is child support; the financial support that is required to raise and care for these children.

When matters like child support are being decided, it helps to have an experience Irvine family law attorney at work on the case. Decisions of child support often follow a complex formula that will take into consideration the parent that the child lives with and the parent with the highest income level. If that person is Cialis Online buy self-employed, determining income and child support amounts can be even more complicated. A competent lawyer can help parents wade through the complex formulas and guidelines to come to a child support amount that everyone can agree on.

When agreements don’t happen easily, an Irvine family law attorney will work for the interests of the children and custodial parent to ensure a fair amount of child support will be paid. By the same token, the non-custodial parent often needs a lawyer in his corner to ensure that the payment required is fair and affordable. If circumstances in that parent’s life change and child support payments cannot be made, that same lawyer can file for a modification to the agreement to take this change into consideration.

Once an agreement is reached, the custodial parent will be counting on the fact that payments will be made on time and in full every month. If the checks do not come in a timely fashion, an experienced Irvine family law attorney can file the proper paperwork with the court to ensure that payments begin again or back payments are made with the appropriate interest charges included. In California, the rate on late child support payments is 10%, and there is no statute of limitations on that money. A competent lawyer will make sure those payments are resumed quickly and correctly.

In some cases, the court will work to set up a system where child support payments are taken directly from the non-custodial parent’s paycheck. This will ensure that payments are sent on time, every time. If payments still become delinquent, there are other measures that an attorney can take to ensure payments resume as soon as possible. These might include seizing assets like property or withholding the amount out of a tax refund. The key in collecting this money will be to find an experienced Irvine family law attorney who is able to work through the system to get the necessary compensation to those who need it most.

Child support can be a sticky issue in the divorce proceedings. The good news is that the law protects both parties in this situation to ensure a fair deal. Whether you are trying to collect child support payments from a reluctant spouse or needing to modify the support agreement in any way, an experienced Irvine family law attorney can ensure the moves swiftly and smoothly.

State Bar Approved Lawyer Referrals asked:


The following information regarding Patents, Trademarks and Copyright is brought to you as a public service of 1000Attorneys.com – State Bar Approved Lawyer Referral and Information Service. The material presented is general legal information intended to alert you to possible legal problems and solutions.

Patents are intended to protect inventions of a functional or design nature. Trademarks provide protection for indicators of the source of products and services used in commercial trade, such as words or logos. Copyrights provide protection for literary and artistic expressions. Patents, trademarks and copyrights are collectively referred to as intellectual property.

Patents are granted by the federal government to protect inventions for a limited period of time. There are three types of patents: utility patents, design patents, and plant patents. A utility patent gives the patent holder the right to exclude others from making, using, importing, offering to sell and selling his or her invention for a period of 20 years from the date of filing a patent application. A utility patent may be obtained for processes, machines, articles of manufacture, or compositions of matter if the invention meets three basic criteria. (1) It must be useful; (2) it must be novel, in that it has not been previously known by others; and (3) it must be sufficiently different from what was previously known that it would not be obvious to someone having ordinary skill in that field.

Design patents are available for new and original ornamental designs for an article of manufacture. A design patent protects the design for 14 years from the grant of the patent. Plant patents may be obtained for certain types of asexually reproduced plants that do not occur naturally, for example, new varieties of roses.

An inventor may prepare and file a patent application directly with the U.S. Patent and Trademark Office. However, the availability and scope of protection depend on how a patent application is prepared, so it is recommended that an inventor first consult a registered patent attorney or agent.

At the outset, the attorney or agent may suggest that a novelty search be performed to see if a similar invention has been described in a previously issued patented. If an invention appears to be sufficiently different from what is known to exist, he or she can prepare the necessary papers to apply for a patent.

Utility patent applications include a detailed description and drawings of the invention, as well as claims that legally define what protection is requested. It is possible to file a temporary application, referred to as a provisional application, before filing a regular utility application. A provisional application also must have a detailed description and drawings of the invention, but is not examined. A regular utility patent application that is filed within one year of the provisional application will be treated as though it was filed when the provisional application was filed. A patent attorney or agent can inform you of the advantages and disadvantages of filing a provisional application.

There are strict statutory requirements in the United States regarding the time within which a patent application must be filed after an invention has been publicly used, or sold, or offered for sale. It is important that an inventor be prompt in seeking help in protecting his or her invention. If your invention has been in public use, offered for sale, sold or otherwise commercialized for more than one year before your patent application is filed, the inventor is barred from obtaining a patent in the U.S. unless the inventor can show that the public use was primarily experimental. Other countries have different bars, which are generally much more strict than those in the U.S., so it is best to consult a patent attorney or agent before you do anything to commercialize your invention or disclose it to others.

The words “patent applied for” or “patent pending” mean that an application has been filed in the U.S. Patent and Trademark Office. Such notices create no legal rights, however, as patent rights are created when the patent is granted.

A United States patent provides no protection in foreign countries; however, filing a patent application in the United States prior to any non-confidential disclosure of the invention will temporarily preserve the prescription drugs without a prescription inventor’s rights in most foreign countries, so long as applications are filed in those countries within one year after the U.S. filing date. However, so long as inventions are kept confidential, applications can be filed in other countries at any time.

A patent is a property right that may be held for one’s own use, sold outright to another, or licensed to others.

After a patent is issued, the federal government does not police the market for violations or infringements. If others infringe the patent, it is up to the patent owner to assert his or her rights.

A trademark is a word, a name, a symbol, a device, a combination of these, or other indicator used exclusively to identify the source of products and distinguish them from others. Examples are “Kodak” for cameras, and “Chevrolet” for automobiles. Service marks are like trademarks, except that they identify services. Examples of these would be “McDonald’s” for restaurants, and “Holiday Inn” for motels.

There is a hierarchy of protection for trademarks and service marks. The strongest are coined or arbitrary marks that in no way suggest or describe the product or service. An example is “Kodak” which was a coined or made-up word when first adopted.

Next, and also protectable, are marks that merely suggest the product or service or suggest some characteristic or quality of the product or service.

At the bottom of the list, and generally not protectable, are descriptive marks. Generic terms can never become valid trademarks.

Rights in a trademark or service mark are acquired in the United States by being the first to use the mark in commerce on or in connection with the goods or services. Rights also may be established by filing an application for trademark registration in the U.S. Patent and Trademark Office based on a bona fide intention to use a mark at a later date. A mark is not registered until it has actually been used on a product or service.

It is not necessary to register a trade or service mark. It can be protected under state and federal laws without registration. However, it is beneficial to register the mark, either with the Oregon Secretary of State, or if interstate commerce is involved, with the U.S. Patent and Trademark Office.

When a mark is registered, particularly at the federal level, the registration provides to others notice of the registrant’s claim of ownership, and it gives federal courts jurisdiction to hear infringement claims. Once a trademark is registered with the U.S. Patent and Trademark Office, it may be accompanied by an “R” in a circle, or by some other notice indicating that it is registered in the U.S. Patent and Trademark Office.

Before you adopt a mark for use on either a product or service, you should have a search performedto determine if someone else has previously established rights in the same or a similar mark. Again, an attorney may be helpful to you in making such searches before you adopt a mark and in later registering your mark.

Additional information on patents and trademarks is also available at the web site of the U.S. Patent and Trademark Office, www.uspto.gov.

Copyrights seek to promote literary and artistic creativity by protecting what the U.S. Constitution broadly calls “writings of authors”. Copyrightable works include literary works, musical and dramatic works, sculptures, motion pictures and other audio-visual works, sound recordings and computer programs.

A copyright protects only the particular expressions of ideas and not the ideas themselves. To be protectable, a work must be original and it must evidence some creativity. Depending on the nature of the work, the owner of copyright has the exclusive right to reproduce the work, to prepare derivative works, to distribute copies of the work, to perform the work, to display the work, and to authorize others to do these things.

Once a copyrightable work has been created and fixed in a tangible form, such as being written down or recorded, it is protectable, whether it has been published or not. If it is to be published, all copies of the work that are published should preferably bear a copyright notice. The statutory copyright notice consists of the symbol of a “C” in a circle or the word “copyright,” the year of first publication, and the name of the owner of the copyright. In the case of sound recordings, a “P” in a circle must be used in place of the “C” in a circle. Audio-visual works should bear both the circle “P” and circle “C” indicators.

Copyrights may be registered with the Copyright Office in the Library of Congress. As of 1989, it is no longer necessary to place a copyright notice on a work, nor is it a requirement to apply for registration with the Library of Congress, but such notices and filings are strongly recommended to obtain advantages in the event that a copyright is to be enforced in a court of law. For example, registration is still to bring a lawsuit, and the existence of a registration prior to an infringing act may entitle the copyright owner to additional monetary awards by a court.

An individual’s copyright lasts for the author’s lifetime plus 70 years. A copyright registered anonymously, under a pseudonym or as an entity lasts 120 years from creation or 95 years from the date it is first published, whichever expires first.