Garrison Klueck, CFLS has been maintaining law offices in eastern San Diego County, California since 1990. His practice emphasis is Family Law and related areas, including, collaborative divorce; mediation; DA/DCSS child support issues; cooperative law; appointed minor's counsel; litigating all aspects of family law disputes including custody, support and division of community and separate assets; contempt of court defense; representation under the Soldiers and Sailors Act; drafted settlement and OSC documents; hundreds of court appearances in all San Diego County Family Law Courts as well as nearby Southern California Counties (Los Angeles, Riverside, San Bernardino, etc.).

Garrison Klueck, CFLS has been practicing law for over 21 years. His office is a "full service" and experienced family law practice. The Law and Mediation Offices of Garrison Klueck, CFLS is fully qualified, trained and experienced in all four (4) methods of marital dissolution or divorce (litigation, mediation, collaborative divorce and cooperative law), as well as unbundling.

Before entering the legal field, Mr. Klueck enjoyed a fifteen-year career in broadcasting and media. At one time, he worked at network owned or affiliated stations for NBC, ABC, CBS and PBS. Mr. Klueck also did extensive work for the Ford Motor Video Network and in the advertising/public relations industry. Currently, attorney Klueck can be heard regularly on KFMB-AM radio on the "Lawyer in Blue Jeans Show" which airs every Sunday morning 7 am to 9 am on 760 am. Attorney Klueck has been frequently on television also discussing legal topics.

Professional Honors:

• Certified Family Law Specialist
• San Diego County Bar Association
  • Vice President (1998)
  • Director (1996-98)
  • LRIS 50th Anniversary Award (2002)
    Lawyer Referral and Information Service Half Century Award - Outstanding Attorney - Executive Producer (1998)
    Centennial Videotape "100 Years of Justice"
  • Published Author
    Over 60 articles in DICTA Magazine
• San Diego County Superior Court Judge Pro Tempore (1996 to present)
• San Diego County Municipal Court Judge Pro Tempore (1996 to consolidation)
• Foothills (East County) Bar Association
  • President (2003), Director (1994-2004)
• Completed Credential Mediator Program 2002 — National Conflict Resolution Center (NCRC)

Public Speaker:

• San Diego County Bar Association Certified Specialists Summer Seminar 2002: Keynote speaker
• CAMPFT San Diego: "Historic Context of Collaborative Law" October 2001
• Mensa–San Diego Regional Gathering: "Divorce Choice and Divorce Defense"
• Foothills Bar Family Law Section: "Collaborative Law"

Education:

• Doctorate Degree in Law, Juris Doctor (JD)
  University of San Diego (USD), San Diego, California (1986)
  • Executive Editor Law Review - Vol. 22
    Published Law Comment
    "The Coming Jurisprudence of the Information Age" 21 SAN DIEGO 1075
    • Listed - "Who's Who American Law Students" (1986)
    • American Jurisprudence Award (1st in Class) Criminal Law
    • American Jurisprudence Award (1st in Class) Contracts
    • First in Class (tied) Community Property Law
  • Elected Vice President, Phi Alpha Delta Law Fraternity
• Continuing Legal Education
  100s of hours including specialized courses in minor's counsel, mediation, contempt, Domestic Violence prevention, etc.
• Master of Arts (MA), San Diego State University (SDSU), San Diego, California (1981)
  3.95 GPA on scale of 4.0
• Bachelor of Arts (BA) Wayne State University, Detroit, Michigan (1972)

Community Involvement:

• West Hills High School School Site Committee Board (1999-2002): President
• Heart of Santee Award (1998-99): Given by Mayor of Santee annually to deserving citizens
• Santee Mobile Home Rent Control Commission (1994): Appointed by Mayor of Santee to commission reviewing rent control ordinance
• SDSU Alumni Association (East County Chapter), President (1993), Vice President (1992)
• East County Lawyer's Club, Vice President (1995-94), Board of Director Liaison (1991-94)
• West Hills High School Site Committee Board, President (1999-2001), Member (1998-99)
• Cajon Park School Site Committee Board, President 4 years, Vice President 1 year Member 1990-96

What is collaborative law?
Collaborative law is a form which is relatively new to the San Diego area. However, this form has achieved great popularity in the San Francisco Bay and the Minneapolis/St. Paul areas. Collaborative law involves elements of both other forms of divorce, litigation and mediation. Like litigation, each party is represented by their own attorney. Like mediation, information must be freely shared and the utmost of good faith is required. Also, like mediation, collaborative law is very useful when the parties will likely have future dealings with each other due to children, family or business connections.

What is mediation?
Mediation is a controlled, non-confrontational process that allows people involved in a dispute to discuss the issues involved and participate in forming an agreement.

What agency is responsible for establishing orders for and collecting child support?
From the beginning of California, as a state in the 1850s, up to the year 2000 one of the duties of each County's District Attorney (DA) Office was to establish orders for and to collect child support. The District Attorney having this duty still exsists in some states. However, in 1999 the California State Legislature eliminated this duty from the responsibilities of the District Attorney. The legislature voted to set up a Department of Child Support Services (DCSS) instead to establish and collect child support. Counties were permitted to implement the switch-over on a county-by-county basis starting in the year 2000 and having the task completed by the year 2003. Attorney Klueck's home County of San Diego made the conversion in October 2001.

What is unbundling?
"Unbundling" permits parties to hire an attorney for a specific, limited purpose during the course of a larger family law case. The attorney might be hired to make one specific court appearance or to prepare a specific legal document or pleading.

What is adoption?
Adoption is a legal process by which a legal adult, other than one of the biological parents of a minor child, become legally responsible for that minor child.

What is involved in completing a name change?
Completing a Name Change involves filing with the Superior Court. Additionally, those seeking a change of identity must run newspaper ads, pay filing fees and meet other statutory requirements to complete the change. The process generally takes two months, but can take longer due to errors in filing or meeting the established requirements.

Divorce

Going through a divorce is one of the most difficult events in any person's life. It is a commitment of the Law and Mediation Offices of Garrison Klueck to get the client through this very difficult process trying to minimize both the pain and the hassles. Our clients need not fear that we are the type of attorneys who have the reputation of "blowing cases up," thus creating more costs to the client. We do have the reputation of being sensitive to our client's feelings and needs as they move through this most challenging period of their lives.

However, when divorces happen, the client's rights need to be protected and asserted. We will assert the client's rights in an articulate, organized and aggressive manner consistent with California Family Law. We know the law and we attempt to maximize the chances of having the court or the opposition grant as much of our client's needs and desires as the law permits. We know the legal system and know how to put together the evidence and marry the facts to legal principles to get for our client what they want out of the system.

Family law requires constant consideration of present actions on the future. Other types of legal disputes do not make it so sensible to consider the long term, as well as the medium term and short term effects of the litigant's actions. If somebody runs into you at a red light, and you sue them, if they hate you as a result, it doesn't much matter. You didn't know the accident person before they hit you, if they hate you in the future, who cares? Family law concerns are validly different, particularly if the parties have children to raise. These concerns are not a reason to "roll over and play dead" and not seek the rights and assets that will make your life better and easier after the divorce. However, one of the factors, which the divorcing party must validly consider, is the effect a particular stand on an issue or other action, will have on the other party and "peace in the family." Such considerations are not reasons to "give up," but they are certainly factors to consider and divorcing parties are foolish not to do so. When our office advises clients we take that responsibility very seriously. Our office personnel advises clients with consideration of all of the likely short term, medium term and long term consequences of taking any particular course(s) of action.

On the other hand, when the situation calls for it, we will be your "divorce warriors." Several years ago, there was a CD released entitled "As Nasty as I Wanna Be." Our approach to divorce litigation is that we are "as nasty as we gotta be." Our office will not be the ones to throw the first mud or to fire the first shot. If there is realistically an opportunity to negotiate an amicable settlement, that is our preference and we will do so (for the reasons we discussed above). However, if the other side shows that they mean to wage "divorce war," then we will put on our armor, pull down our visors, mount our steeds and be your divorce warrior.

We look forward to meeting with you for your free one-half hour consultation and, if you select us, to represent you.

Adoption

Adoption is a legal process by which a legal adult, other than one of the biological parents of a minor child, become legally responsible for that minor child. There are essentially two types of adoption. There are step-parent adoptions and third-party adoptions. Both types of adoptions can be either "contested" or "uncontested." Contested adoptions occur when the biological parent, or other relative(s), object through legal process to the adoption being granted by the court. An uncontested adoption occurs when there is no opposition to the adoption, either by the biological parent or from anyone else.

Step-parent adoptions happen when the parent, who has custody of the child, remarries. Sometimes the biological parent is deceased and the motivation of the adoption is to ensure that the child has two parents to love and care for the child. More often, the motivation is to have the custodial parent's new spouse, who is most likely living in the residence with the child, become legally responsible for the child with whom the new spouse lives on a day-to-day basis. The biological parent often cooperates with this process because, once the cohabitant of the custodial parent adopts the child, the "new dad" or "new mom" is responsible for the child in all ways, including financially. The biological parent no longer is required to pay ongoing child support.

Collaborative Law

Collaborative law, also known as "collaborative divorce" is a form which is relatively new to the San Diego area. However, this form has achieved great popularity in the San Francisco Bay and the Minneapolis/St. Paul areas. Collaborative law was recently highlighted on the national television program "60 Minutes" and in the magazines "Reader's Digest" and "San Diego Lawyer." Along with several other San Diego professionals, in January 2001, attorney Klueck participated in an extensive training program in the Phoenix area in the theory and practice of collaborative law.

Collaborative law involves elements of both other forms of divorce, litigation and mediation. Like litigation, each party is represented by their own attorney. Like mediation, information must be freely shared and the utmost of good faith is required. Also, like mediation, collaborative law is very useful when the parties will likely have future dealings with each other due to children, family or business connections.

A form of collaborative law involves other professionals assisting the parties. The parties could each retain a trained mental health professional to serve as a divorce "coach." The coach is usually the same gender as the divorcing party and assists the divorcing spouse in communicating with the other spouse and with other psycho-emotional aspects of the divorce. Where there are minor children involved, another mental health professional can aid as a children's assistant. Additionally, collaborative parties often employ a joint financial planner to assist them in arranging their financial survival in a post-divorce world.

Although the assistance of any or all of these other professionals may be desirable in any given case, only the two collaborative attorneys are absolutely required for the process of collaborative law to work. (Divorce coaches are often desirable, but not necessary, additions to the collaborative team. Such coaches may not be employed depending upon the finances and emotional requirements of any given case. However, if one party employs such a coach, both parties must, or there will be an intolerable imbalance and the process cannot function properly.)

If the parties are unable to settle their differences through the collaborative-law approach, the divorce can be litigated in court. The Law Offices of Garrison Klueck can accommodate you fully whichever method best fits your personality and professional needs.

Name Change

The Law and Mediation Offices of Garrison Klueck have helped many people to get a fresh start by going through the process of changing their name. Frequent reasons for name changes include changing a business or personal image, reclaiming a maiden name and adoptions.

Individuals looking to return to a prior name as part of a divorce or dissolution may be able to combine the Dissolution process with an effective Name Change. Our office is able to discuss combining these services if your circumstances allow it.

Whatever your reason, legally changing your name involves a relatively simple but time consuming process. Whether you are an adult changing your name or a parental guardian looking to change the name of a minor child, The Law and Mediation Offices of Garrison Klueck can manage the document preparation and filing process and avoid unnecessary delays.

Completing a Name Change involves filing with the Superior Court. Additionally, those seeking a change of identity must run newspaper ads, pay filing fees and meet other statutory requirements to complete the change. The process generally takes two months, but can take longer due to errors in filing or meeting the established requirements. The experienced staff at The Law and Mediation Offices of Garrison Klueck can assist you in completing the process quickly, correctly, and at a low cost, by avoiding unnecessary delays.

DCSS/DA Child Support

Attorney Garrison Klueck has a substantial history of aggressive interactions with government agencies involved with the collection of child support and the establishment of child support orders. For years the attorney worked effectively to protect clients from having to pay thousands of dollars claimed by the District Attorney's Office (some of the details are below in this text). More recently, attorney Klueck has moved his focus to work effectively with, and if need be against, the relatively-new Department of Child Support Services.

Before we discuss in detail our history of serving our clients and saving them money, first a short history lesson. From the beginning of California, as a state in the 1850s, up to the year 2000 one of the duties of each County's District Attorney Office was to establish orders for and to collect child support. The District Attorney having this duty still exsists in some states. However, in 1999 the California State Legislature eliminated this duty from the responsibilities of the District Attorney. The legislature voted to set up a Department of Child Support Services instead to establish and collect child support. Counties were permitted to implement the switch-over on a county-by-county basis starting in the year 2000 and having the task completed by the year 2003. Attorney Klueck's home County of San Diego made the conversion in October 2001.

Because the District Attorney acted in this capacity for so long, and the conversion happened so recently, many people still refer to government-agency-collected child support as "DA child support." However, if you call it "DA child support" or "DCSS child support," it amounts to essentially the same thing. The government is coming after a citizen (usually a guy) to get that individual to either pay the government, pay back the government or to pay the custodial parent for the support of children.

There are basically two (2) types of cases initiated by the Department of Child Support Services ("DCSS") (formerly the DA"). There are cases where the custodial parent had received governmental aid (child-related welfare or other governmental benefits such as medical benefits through Medi-Cal). The custodial parent typically would have received benefits through the TANF program ("Temporary Aid for Needy Families") or its earlier cousin AFDC ("Aid to Families with Dependant Children"). In the first type of case, the government, through the DCSS or DA's Office, is suing an individual to get that individual to pay back the government for money paid by the government on behalf of children for which the respondent (the sued person) is responsible. The second type of case is one where the DCSS is suing an individual to try to establish a child support order on behalf of another individual, the custodial parent.

As with anything involving the government, this basic pattern can get complicated. There can be variations on the two basic types of cases. There are lots of cases where the custodial parent, at one time, was on aid but later went off of aid. In such a case, the DCSS then is suing on behalf of the government (to get the government money back) and for the individual custodial parent. Additionally, the DCSS will sue for back support or "arrears"--past support ordered but not paid. There can be further complications because a given case could involve governmental arrears, current support for an individual custodial parent as well as arrears for the individual.

On top of all of the above complications, much of the law that applies is from a different Code than non-governmental child support. Child support, that does not involve the government, is established under the California Family Code ("FC"). Governmental child support is established under the Welfare and Institutions Code ("W&I"). However, the California guideline, for child support, is established under the Family Code. (The guideline is the result of the algebraic formula CS = K[HN - (H%)(TN)] discussed in FC Section 4055. Do not worry about the formula, if you retain us. Our office has the identical computer software program that the judges have.)

Additionally, the government, alone among all the world's creditors, takes the position that it does not have to calculate all that it claims that you owe it. Very often, the person will pay every penny that the government asked for on its most recent invoice. The government then contacts the person and says that the person owes a lot more money because the government reserves the right to total up the bill until after you have paid everything that they previously claimed that you owed it.

In light of these complications, someone sued by the government needs a lawyer who knows the law and knows how to fight for their clients. Our office has been involved in government-involved child support cases for more than a decade. We have had good success.

For example, one client was paying between $500 and $600 a month for ongoing (present) support and arrears (back support) but was falling further into debt each month. This was because, although he was paying around $450 to support two children and $100 a month towards the arrears, the interest alone on the arrears was over $120 a month; he became deeper in debt each month, despite his paying. Attorney Klueck went down into the bowels of the courthouse and dug up the old order established many years earlier under which the client was originally ordered to pay support. (The order was established many years before our involvement in the case.) The old order was on microfiche down in the basement of the courthouse. Attorney Klueck printed out the old order and showed it to the Judge. The old order showed that the DA had neglected to ask the Judge for interest way back when the first order was established. As a result, the Judge ruled that all the interest was wiped out--saving the client more than $21,000.

In another example, the government was asking for $37,000 in back support from over 15 years before. The government essentially took the position that the client was "guilty until proven innocent." The government said that the client would have to produce bank records, like cancelled checks, from over a decade in the past. Attorney Klueck argued successfully, to the Judge, that the government was taking an indefensible position. The client had been going to the same building to bank for more than 15 years. However, during that time the bank had changed hands four (4) times! Twice the banking institution, at that location, had gone out of business. It was practically impossible for the client to produce any records but he was sure that he had paid the child support at the time--a decade before. The Judge agreed with attorney Klueck and the client was saved over $37,000!

These are just two examples of our attorney's dogged determination to not let government attorneys roll over our clients. There are others. In one case, the man paid child support for years until the child was 18. The government then went back and demanded that he pay an additional over $21,000. Attorney would not let up, during more than two years, until the government wound up agreeing that the individual only owed around $6,000--a reduction of over $15,000 from what the government was demanding. In another case, the mother had identified another man as the father. Eight years later (the child was now seven) the government demanded more than $22,000 in back support for a child the Navy enlisted man did not know he had nor could he know he had. The man wound up, after attorney Klueck's attacks on the government position, paying around $7,000--a reduction of around $15,000.

To prevail against the government, an attorney needs to know the law (in a very complicated area) and to never give up. Tenacity is required against large government bureaucracies. If you have a problem with the Department of Child Support Services ("DCSS"), please contact us. We will provide you with a free one-half-hour consultation--including by long distance telephone call or e-mail (or IM).

Lastly, we also have represented custodial parents, at the time of their Department of Child Support Services hearing. Remember that the Department of Child Support Services does NOT represent the custodial parent. In fact, if custody, changed the Department could just turn around and represent your adversary the next day, if requested. If you are not clear on their lack of representation, just ask the Department representative. They will tell you that they do not represent either party. If you want someone on your side, you will have to retain a lawyer that represents YOU. Many parties have retained us for these purposes, over the years, and we are available to consult with you about this during a one-half-hour free consultation.

Mediation

Mediation is a controlled, non-confrontational process that allows people involved in a dispute to discuss the issues involved and participate in forming an agreement. Using a mediator is different from hiring an attorney in that the mediator is neutral, does not represent either party and does not make judgments or decisions. Even when parties have disagreements, they rarely disagree about everything. Identifying where points of agreement exist avoids wasting time and money on those areas. Instead everyone concerned can concentrate on fixing only the parts that are broken. In this way, mediation can enjoy some success even when people are already involved in a lawsuit. Both parties can share the costs of mediation, just as they share the benefit of having a well informed and responsive third party.

Almost every area of Law can benefit from mediator involvement—Divorce and Custody agreements, Division of Property, Civil cases, Business disputes—anywhere that there is a disagreement. More companies and individuals than ever before are turning to mediation as an alternative method of settling disputes.

Mediation also offers other benefits. It is confidential, less formal and faster than the lengthy court process. Also, since both parties are involved in shaping a solution, it improves the chances that a remedy will be long lasting. Mediated agreements are more often followed by both parties and result in less animosity and better relationships among those affected. Any items that parties agree to in mediation may also be reviewed by their attorneys before they become part of a final agreement.

Effective mediation requires a well trained mediator. Garrison Klueck has over 100 hours of formal mediator training, including classes and certification from the San Diego Mediation Center and the San Diego County Bar Association. He has experience working with the Judicial Arbitrator Mediation Service and the Victim/Offender Reconciliation Program (VORP). Mediation through The Law and Mediation Offices of Garrison Klueck is a less formal, more responsive and more efficient solution than traditional litigation.

The first step in Mediation usually involves an in-person consultation with both parties. During that session and the following sessions the issues are identified and discussed, points of agreement and disagreement are identified and eventually, a final agreement is reached. The less formal aspect of mediation makes it possible to experiment with different types of solutions, keeping what works for both parties as they cooperate in building a lasting agreement. If necessary, this agreement can be filed with the court to assist and limit the court in making its judgment.

Parties with differences are encouraged to contact our offices, together or separately, to discuss whether mediation may be an appropriate way to settle their differences.