Thomas D. Farrell

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Adoption Law Attorneys, Attorneys, Bankruptcy Law Attorneys

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44 Years

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(808) 535-8468Visit WebsiteMap & Directions700 Bishop St Ste 2100Honolulu, HI 96813 Write a Review

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Location: Topa Financial Ctr
Neighborhood: Downtown Honolulu
Other Link: http://www.farrell-hawaii.com
Categories: Adoption Law Attorneys, Attorneys, Bankruptcy Law Attorneys, Child Custody Attorneys, Divorce Attorneys, Family Law Attorneys, Immigration Law Attorneys, Personal Injury Law Attorneys, Tax Attorneys

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03/27/2014

Overall

My case is similar to Jacks0272, the thing is the system in Hawaii is a slow process when it comes to custody. Unfortunately you have to wait for your day in court. Tom has done everything that was expected of him and I look forward to when we get to trial. I hired him because of his proven track record.

10/13/2013

Overall

Tom is good!

You want a no nonsense lawyer who gets results..Tom is you man. I always felt being a man going into family court you automatically are at a disadvantage, Tom is worth his weight in gold because of this.

08/02/2013

Overall

This attorney has endangered the well-being of an eight year old child by not bothering to find out if this child has food, shelter, clothing or even if he has an adult in the home. This attorney claims he was a former Attorney General for the State of Hawaii and 'the welfare of children' is a top priority with him. This child's mother was ordered to get him a medical and dental exam and seek counseling from a therapist. After MONTHS, this still has not occurred. If you want custody of your child, don't use this attorney to achieve that end.

Details

Phone: (808) 535-8468

Address: 700 Bishop St Ste 2100, Honolulu, HI 96813

Website: http://www.farrell-hawaii.com

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Thomas D. Farrell

Divorce
In July 2007, I opened Thomas D. Farrell, Attorney at Law, LLLC concentrating on divorce and family law. I also handle national security cases involving the revocation or denial of military or industrial security clearances. In 2009, I was honored to be named to the inaugural class of Hawaii SuperLawyers, representing the top 10% of all attorneys in Hawaii, and have remained every year since.
Child Support
A paternity case is like a divorce case for a couple who never married but had one or more children during the course of their relationship. A paternity matter begins when either the mother or father of a child files a Petition for Paternity asking the Court to adjudge that a specific person is the child’s father and to make orders regarding custody, time-sharing (or visitation), and child support. The Family Court can (and frequently will) determine whether child support is due and owing from the date of birth and the amount. Because of this, the non-custodial parent may leave a paternity hearing having a child support “arrearage” even though there was no child support order previously in place. Usually, if the parties resided together for a period of time, the Court will determine that the family was an “intact family” and therefore not award child support for that period.
Child Custody and Visitation
A third problem is that there are some cases in which mediation is clearly going to be a waste of time. In family law matters, parties are frequently emotional, bitter and vindictive. Sometimes they are mentally ill. Some of the issues in these cases simply don’t admit of compromise. How do you mediate a child visitation issue where one parent thinks the other is sexually abusing the child?
Paternity
Premarital Agreement
The first thing to remember is that if the parties agree on the division of assets and debts, the judge doesn’t have to decide it. If the parties can’t agree, the judge will decide at trial. Hawaii follows the “partnership model” for dividing the marital estate. The marital estate consists of all assets presently owned by either party or both and all debts owed by either party or both. It does not include “separate property.” Separate property is very rare, although it may exist if the parties entered into a premarital agreement or in certain other, limited circumstances. In allocating the net value of the marital estate, each spouse will get “off the top” their net worth on the date of marriage, and the value of any gifts or inheritances received during marriage (and not gifted over by the recipient spouse to the two of them). The remaining value will be divided equally. Most cases do not involve separate property, net worth on date of marriage, or gifts and inheritances. In these cases, the net value of the marital estate will usually be divided 50/50, although the judge can vary from an equal split if there is a valid reason for doing so.
Spousal Support
If a party waived alimony in a divorce decree, it cannot later be ordered. However, if alimony of a certain amount and duration is specified in a divorce decree, it can be modified if there is a material change in circumstances, even if the decree says that alimony is non-modifiable. Remarriage usually terminates the right to receive alimony, unless the decree says otherwise.
Legal Separation
The military does not have the authority to grant divorces or legal separations, and therefore a JAG separation agreement is not a substitute for filing an action in the civilian courts. A JAG separation agreement is simply a contract that regulates the financial and other affairs of spouses who have decided that they will no longer live together. It is ineffective for making permanent awards of assets and debts, or to award child custody and visitation. As a contract, it may or may not be enforceable in a civilian court. It will be enforced by military authorities on the military service member, but not upon the non-military spouse. Generally, JAG separation agreements are designed to protect the military from non-support claims from the non-military spouse.
Annulment
An annulment requires specific proof that the marriage was invalid at the time the parties entered into it. A marriage is invalid if the parties are closely related (an uncle marrying his niece, for example), if one of the parties was underage, if one of the parties was already married to someone else, lacked mental capacity or was afflicted with a “loathsome disease” unknown to the other. An annulment may also be had when the party seeking annulment was the victim of force, duress or fraud, provided there has been no cohabitation (i.e., living together) after the marriage. In Hawaii, it is not a ground for annulment that the marriage was short or that the parties did not have sex. Annulments are extremely rare and difficult to obtain.

Restraining Order
Filing an Ex Parte Petition for Protection and Temporary Restraining Order is fairly easy, and you don’t need a lawyer to do so. However, about ten days later, there will be a hearing. At the hearing, the other side might agree to an Order for Protection, or the court might listen to your evidence and decide you’ve proven your case. On the other hand, the court might also find that your evidence is insufficient and dismiss your case. Lots of folks handle these hearings on their own, but having a lawyer represent you is always the safer course of action.

Personal Injury
A contingent fee means that the lawyer agrees to take a percentage of whatever he recovers for the client as his fee. Personal injury attorneys frequently advertise “no fee if no recovery” and take one-third of their client’s settlement. Except for collection of past child support, lawyers are prohibited by the Hawaii Rules of Professional Conduct from charging a contingent fee in a family law matter.

Trusts and Estates

Wills

Bankruptcy
Tax Law
I am not a tax lawyer or CPA. In cases where there is a possibility of complex tax implications, I always advise clients to consult with a qualified tax professional before signing a divorce decree. With that caveat, the following are some simple tax issues in divorce. Property awarded to a spouse in a divorce decree is not income, however, the property may come with other tax implications such as capital gains liability for property which has appreciated during marriage, or income tax liability when one attempts to draw on retirement accounts. Alimony, used to be tax deductible to the payor, but not anymore. Child support is not tax deductible to the payor, and is not taxable income to the recipient. The tax dependency exemption automatically follows the parent awarded physical custody, unless the divorce decree specifies otherwise. Spouses are usually jointly liable for any tax liabilities resulting from a previously filed joint return, although the IRS does offer possible relief under the “innocent spouse rule.” To file a joint tax return, the spouses must have been married to each other for the entire calendar year.

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