Parents who have children and have gone through the emotionally daunting process of divorce have another equally problematic yet essential legal issue to contend with, child support.
In the state of Virginia, the non-custodial parent has to make child support payments which are calculated by the court taking into account important elements such as the child’s care expenses, the income of the non-custodial parent, and the total number of days the non-custodial parent gets to spend with their kid, among others.
Is It Possible to Have Support Payments Waived?
The Commonwealth of Virginia is a staunch supporter of the best interest of the child, therefore, the possibility of the circuit waiving child support is nonexistent pending extreme cases. In addition, any child support arrears accumulated cannot be waived, as well.
The non-custodial will have to make full payment as soon as they are able. If the parent neglects to make payments, the DCSE has the power to enforce those payments.
Can Child Support Payment Be Waived by Agreeing Parents?
In Virginia, it is not legal for ex-spouses with children to mutually agree to stop child support. They can agree to it, but the deal will not be legally enforceable or binding. In addition, the circuit courts have also made it clear that child support can only be stopped if the courts approve. However, the courts provide the non-custodial parent to be flexible with their payment if the primary spouse agrees to it.
Learn MoreUpon the progression of the divorce into the discovery phase, where both parties must reveal their financials and assets for the determination of which assets will be counted as marital assets, a forensic accountant is tasked with appointing the estimated value of those assets and liabilities. However, the valuation process is or can be done on different dates so that the court can decide on the right estimation.
What is an Alternate Valuation Date?
Specific assets during a divorce process, such as a business and/or properties tend to increase or decrease in value since the date they were acquired leading up to the initial petition for divorce. It is also possible that a considerable amount of time may have passed since the divorce was filed, which means that marital assets must be valued at alternative dates for equitable distribution.
This is why a marital home may have to be valued after the separation was filed. Similarly, a business that did not become successful before the marriage but was successful post-divorce filing will also be valued at a different date or the date of separation.
In addition, an alternate valuation date is also important for another reason. Let’s suppose that a spouse has been living in their marital home during a long and contentious divorce, it is possible that they were intentionally negligent about the upkeep of the house, letting it fall into disrepair. However, the court could order an alternate valuation date before the house was thrown into disrepair, holding the spouse accountable for their actions.
When Should Alternate Valuation Be Used?
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San Diego CBS 8 News featured a recent case of an Auto Fraud Legal Center client including some helpful tips from our very own Greg Babbitt on how used car buyers can limit a car dealer’s opportunities to take advantage of the buyer.
An excerpt from the story:
Knowing that he now owed $57,000 for a car that was not street-legal, Munoz immediately looked for an attorney for help.
He found the Auto Fraud Legal Center and hired the firm to help.
Attorney Greg Babbitt from the Auto Fraud Legal Center has helped car buyers deal with dishonest car dealers for more than 21 years.
Babbitt says that while shocking, Munoz’s case is not in the least bit surprising.
“Unfortunately, [Munoz’s] story is pretty typical,” said Babbitt. “I tell my clients, who are from all different walks of life, whether lower income people or very wealthy, that they are always susceptible to being cheated by car dealers because it’s human nature to trust people. They don’t want to believe that a person is going to blatantly lie to them just to get them to buy a car. Nothing surprises me after doing this for so long.”
One of the fastest growing complaints our firm is hearing is the lack of driving range being experienced by buyers of used Tesla and other EVs. A smaller but growing number of these drivers are reporting the need to replace their battery long before they expected.
A quick search of the internet gets you nothing if not confused, so confusion is understandable. But when you consider the dishonest tactics often utilized by used car dealership salespeople to sell a car, it may be inevitable.
As the typical prospective EV buyer is filled with the hope of saving money on expensive fuel along with the planet, yet woefully uninformed about the science, technology, and costs of an EV, you may be or may have been a particularly easy mark for an unscrupulous sales person spouting off about how smart this contemplated purchase may be for you and your family’s future.
How long do electric batteries last?
The often reported legend of a Tesla’s battery life is from 300,000 to 500,000 miles and the most frequent source is the company’s leader, Elon Musk, himself in a tweet. Some websites then do some math based on a hypothetical driver using only 40 miles a day who would presumably enjoy almost 40 years of life. The warranties covering Teslas and every other EV are considerably shorter of course, and the miles driven are often much higher than average users of the open road.
Motor Trend has a great article digging into Teslas, the highlights of which include:
– Batteries are designed to last the lifetime of the vehicle, but that span is estimated to be only eight years and 200,000 miles in the US. (2021 Tesla Impact Report).
– Batteries very rarely just stop working, but rather degrade slowly but neither in a linear nor apparently consistent manner, which can cause frustration amongst buyers.
– Replacement batteries, often remanufactured by Tesla, can cost between $10 and $20k.
Hot Cars has written about mistakes to avoid when buying a Tesla, noting the potential of a brief extended warranty you may enjoy by purchasing a used car from Tesla directly and the risk of buying from a private party or non-Tesla dealership. There are numerous videos on Youtube that show how to test a Tesla battery’s health.
Duds May End Up on a Lot Near You
As with gas-powered engines, experiences vary from vehicle to vehicle and there are always going to be some bruised apples in the bushel.
As there are techniques and conditions that both extend and limit a battery’s life, it stands to reason that a Tesla with a weaker battery, would be more likely to end up on you neighborhood used car dealer’s lot, perhaps even after an auction sale or two, than its pristine and high performing peers either stored in their original owners’ garages or being sold by Tesla.
How to Protect Yourself
Given the great expense of replacing a battery as compared to the more common, smaller repairs a used car buyer may have come to expect, it is vital that the buyer of a used Tesla get as much verifiable information as possible regarding the past use and charging techniques, as well as a measurement of the battery’s capacity, prior to making the purchase.
To preserve any rights you may have against a dealer for misleading you in this way, please be sure to get this information in writing (or record them if they give you their express permission to do so). You may want to communicate more via text or e-mail and be sure to save those messages.
Car Dealers are not allowed to lie to you in order to sell a car, but proving that you relied on this information, or even received it as part of the sale, would be much better in writing, which can be a screenshot of a text.
Bottom Line
Rolling into the neighborhood with a shiny used Tesla is likely going to feel great, and no one hopes you have trouble, especially expensive, replace the battery trouble.
Buying any used car comes with a risk, but you have a right to be told the truth when you ask responsible, legitimate questions and the dealership should be held accountable for their promises and any warranties they provide.
Need Legal Help?
If you believe that a California Car Dealer has taken advantage of you through lies or misrepresentations, or failed you in other ways, please reach out to us at the Auto Fraud Legal Center. Because nobody should be cheated!
Learn MoreAfter serving as a federal prosecutor for more than seventeen years, attorney Josh Green has joined the Auto Fraud Legal Center, California’s leading auto fraud firm.
“It was not an easy decision to leave the U.S. Attorney’s Office” said Josh, “but when I learned of the great work that the Auto Fraud Legal Center was doing for their clients who have been taken advantage of by unscrupulous car dealers and who are often under-represented by the legal community, it felt like a natural transition.”
At the U.S. Attorney’s Office, Josh served as the Chief of the Major Frauds and Public Corruption Section and Senior Litigation Counsel, so leading cases against those engaged in fraudulent, deceitful, and predatory practices is not new to him. Josh was also a frequent faculty member at the U.S. Department of Justice’s trial advocacy program for new federal prosecutors.
“I look forward to using my extensive experience in unraveling complex criminal schemes and trial expertise to help the firm’s clients,” said Josh.
Josh graduated from the George Washington University Law School in 2001. Following law school, Josh worked at a major law firm in Washington, DC, and then joined the U.S. Attorney’s Office in 2005. Josh has been an adjunct professor at the California Western School of Law for more than a decade. Josh believes in giving back and is very active in his community, serving in the past as President of the Poway National Little League and as a Director of the Chaparral Elementary School Foundation. Josh is currently a member of the Board of Trustees of Albion College.
AFLC’s Managing Partner, Hawk Barry is very happy Josh decided to join the firm, stating, “Our firm’s mission is to help as many California car buyers as possible achieve justice after falling prey to the predatory acts of licensed car dealers, and Josh will serve an important role as a seasoned trial attorney as well as a tremendous asset in the training and development of our attorneys. With him on board, we are confident in our ability to grow and assist more aggrieved consumers.”
The Auto Fraud Legal Center LLP, based in San Diego, represents car buyers in actions against car dealers, lenders, and others, for fraud and deceitful practices under California’s consumer protection laws. The firm takes 100% of its cases on a contingency basis and has been the leader in the field of auto fraud cases, in both state and federal court, for more than 30 years.
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In a win for car buyers’ rights against fraud committed by small California car dealers, on January 9, 2023, the United States Supreme Court declined to consider an appeal by the global finance giant TD Bank’s finance company TD Auto Finance LLC, in TD Bank, N.A. v. Pulliam, et al. This ruling leaves a pro-consumer California Supreme Court ruling on the books and a door to justice open for abused buyers.
On behalf of Ms. Tania Pulliam, the law firm Auto Fraud Legal Center LLP, based in San Diego and serving buyers across the state, was victorious in a claim against HNL Automotive Inc. for fraudulent acts committed during the sale of the car. Specifically, the car was not sold for the advertised price and did not come with the features the buyer was led to believe were included. The much larger financing company, TD Auto Finance, which was assigned the installment contract, was included in the case as AFLC asserted it was liable for the dealership’s behavior under what is known as the FTC Holder Rule.
Under this rule, the consumer can bring any claims they have against the dealer against the holder of their contract. As a practical result, this protects consumers from car dealers that cheat them and then go out of business or disappear rather than pay the costs of a losing case. Because the consumer can sue the holder and recover their money and have their attorney’s fees paid, consumers have access to lawyers willing to take their case without being paid by their client prior to the legal action.
TD Bank was looking to overturn the California Supreme Court’s May 26, 2022 Opinion in Pulliam v. HNL Automotive Inc. (2022) 13 Cal.5th 127 for relief from paying Ms. Pulliam’s attorney’s fees, which in this case greatly exceed the cost of the vehicle sold and the payments it collected. The California Supreme Court interpreted the FTC protection includes the consumer’s ability to recover attorney’s fees against the holder when the claim is brought pursuant to a consumer statute that enables the consumer to recover their attorney’s fees and costs.
Two California laws that protect consumers, the Consumers Legal Remedies Act and the Song-Beverly Consumer Warranty Act, each enable a prevailing consumer plaintiff to recover their attorney’s fees, which enables firms like the industry-leading AFLC, to provide its services on a contingency basis.
“Our clients are often less educated, earn lower incomes, have much lower credit scores than the average Californian and are all too often preyed upon by licensed car dealers, who mislead them as part of their purchase of a used car, “says Christopher “Hawk” Barry, AFLC’s Managing Partner.
Hawk continued, “We are only able to provide the comprehensive legal representation that we do if we have a strong likelihood of collecting our fees from either the dealer or a more financially stable group. The finance companies who hold these contract should not be able to profit from their dealer partner’s misbehavior and leave our clients without recourse when they’ve been cheated.”
TD Bank had argued that the FTC’s Holder Rule only allowed the consumer to recover their payments under the contract and did not extend to attorney’s fees that in this case exceeded the sum of the payments. With the United States Supreme Court rejecting the case, the California Supreme Court’s ruling remains the law in California, thus continuing the protection provided to Californians by its vast consumer protection laws.
As they have been for thousands of others for over 20 years, the Auto Fraud Legal Center represented Ms. Pulliam from the filing of her case in September 2016, through trial in April 2018, and throughout the appellate process in California. Gupta Wessler, one of the nation’s premier appellate firms, handled the briefing with the United States Supreme Court.
Californians who believe they have been lied to or misled about factors such as an undisclosed prior accident, the increasing instances of odometer tampering, or many other all too common deceptive dealer practices should reach out to the Auto Fraud Legal Center LLP at autofraudlegalcenter.com.
Auto Fraud Legal Center LLP files to affirm arbitration award against Northern California car dealer for telling customers they had to sign a new contract, in which the customers received their money back and the contract cancelled.
Auto Fraud Legal Center LLP has filed a petition in Contra Costa County Superior Court to confirm an arbitration award in favor of its clients Abel Arriola and Alslinn Romo against Los Primos Auto and United Auto Credit Corporation.
Mr. Arriola and Ms. Romo purchased a vehicle from Los Primos on April 3, 2019. Although Los Primos had a ten-day right to cancel the April 3, 2019 contract, it did not notify the buyers it was cancelling the contract. Instead, Los Primos told Mr. Arriola that he and Ms. Romo needed to sign a new contract with the dealership, which they did on May 11, 2019.
The arbitrator found this conduct by Los Primos violated California’s Consumers Legal Remedies Act because it misrepresented the parties’ obligations under the contract. The arbitrator awarded Mr. Arriola and Ms. Romo all their payments back and that their contract be cancelled.
The arbitrator found United Auto Credit Corporation liable to Mr. Arriola and Ms. Romo under the holder clause in the purchase contract. The arbitrator also awarded Mr. Arriola and Ms. Romo their attorney’s fees and costs against both Los Primos and United Auto Credit Corporation.
Managing Partner, Hawk Barry, says, “Dealers have a right and an economic need to cancel contracts. However, this must be done properly, fairly and within the boundaries of the law. The situation in which our clients found themselves is unfortunately all too common. “
Learn MoreEffective November 27th, The California State Bar has approved the new name of Auto Fraud Legal Center for the firm formerly known as Auto Fraud Legal Center.
Learn MoreYour Dodge Ram 2500 may not be able to pass a SMOG Test. Without a valid SMOG certificate, you cannot register your truck. Dodge has issued Emissions Recall S87 that attempts to fix this known problem. However, it seems that not all Dodge Ram 2500 trucks are able to pass a SMOG Test even after the recall repair is performed. The 6.7L Cummins turbo diesel engine may continue to release air pollutants that exceed federal and California standards.
2014 and 2015 Dodge Ram 2500
Some of our clients have been told that the dealerships do not have a fix, and that they simply need to keep driving the truck – even after Recall S87 has been performed.
Dodge may be required to repurchase your 2014 – 2015 Dodge Ram 2500, and then also pay any legal fees.
Please contact Auto Fraud Legal Center for a FREE Case Evaluation.
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