Richard P. Roggia, Esq.

Profile

Richard P. Roggia, Esq. brings over 42 years of family law expertise to his ADR practice. After obtaining his J.D. from Santa Clara University, Mr. Roggia went into private practice focusing primarily on family law litigation. During this time, he tried hundreds of family law matters through judgment and resolved several thousand others through settlement. He has argued family matters to judgment and appeal from the trial level through appeal at the District Court of California, and argued before the California Supreme Court. In addition to his experience as trial counsel, Mr. Roggia has handled hundreds of cases as a settlement officer, judge pro tem, special master, discovery referee and mediator.

Areas of Expertise

  • Child Custody and Visitation
  • Child Support
  • Spousal Support
  • Asset/Debt and Property Division
  • Family Law Discovery
  • Putative Spouse Status
  • Parental Rights in Adoption / Post-Adoption Agreements
  • Pre- and Post-Marital Agreements

Education

  • University of Santa Clara, J.D., Magna Cum Laude  1972
  • University of Santa Clara, B.A. 1969

Professional Experience

  • Law Offices of Richard P. Roggia – Sole Practitioner and Principal 1990-2016
  • Aguilar & Roggia – Partner 1976-1990
  • Di Leonardo, Blake, Kelley, Aguilar, & Leal – Associate 1973-1976

Bar Admissions

  • California State Bar    1973
  • United States District Court, Northern District of California 1973

Lectures and Presentations

Mr. Roggia frequently lectures in the area of Family Law in various presentations through the Santa Clara County Bar Association. His topics include: domestic violence, discovery, special masters, and attorneys’ fees. A few selected presentations are below:

  • “The Voice of the Child” 2013 and 2015
  • “Evidence Related Issues in Family Law Cases” 2014
  • “Attorneys’ Fees, Costs, and Sanctions” 2008

 

Representative Cases

Asset Debt & Property Division

  • Handled between 750 to 1,000 cases involving contested asset or debt division, including the identification and tracing of separate property, valuation methods and protocol for valuing specific community assets such as business interests (both professional and non-professional), inclusive of goodwill, date of separation, valuation of closely held corporations and limited partnerships.
  • Handled claims related to alleged breaches of fiduciary duty as between spouses incident to their marital dissolution proceeding and claims involving damages and requests for attorneys’ fees stemming therefrom in approximately 100-150 cases.
  • Presided as a privately retained trial judge incident to multi-day trials over issues involving numerous allegations of breach of fiduciary duty, and issued decisions or successfully settled them as it relates to findings or non-findings of individual breaches, damages, and attorneys’ fees relating thereto.
  • Presided as a privately retained all-purpose judge over multi-day trials relating to the characterization of business interests, including closely held corporations and limited partnerships, acquired prior to marriage wherein the community is asserting a substantial community property interest such that a thorough discussion and analysis of the Pereira/Van Camp line of cases was required.

Child Support

  • Handled between 750 and 1,000 cases involving contested child support orders, both guideline and non-guideline, actions for child support arrears, maintenance and defense of actions relating to applications for child support for adult, disabled children.
  • Served as trial counsel and appellate counsel and argued before the Supreme Court with reference to establishing principles of equitable estoppel as to a defense in actions for enforcement of child support arrears (In re: Marriage of Damico (1994) 7 Cal.4th 673, 29 Cal.Rptr.2d 787, 872 P .2d 126.).
  • Presided over 250 settlement conferences either as a privately retained settlement judge or a Court-appointed settlement officer in cases involving guideline and non-guideline child support, enforcement of child support orders and collection of arrears, establishment of support for adult emancipated children and related child support issues.
  • Handled over 200 cases either as a private attorney, settlement judge or privately retained all-purpose judge as to cases involving the determination of income available for child support as it relates to stock and stock option grants, restricted stock units, deferred compensation and fringe benefits related to employment.

Child Custody & Visitation

  • Served as trial counsel in over 100 cases involving contested child custody and visitation disputes, including the preparation and appearance through hearing and statement of decision, with issues such as domestic violence, special needs children, appropriate educational placement for children, and the crafting and implementation of co-parenting agreements.
  • Served as minors’ counsel, on a pro bono basis, under appointment by the Court in numerous cases involving highly protracted and complex child custody litigation.
  • Frequent panelist, guest lecturer and presenter in a number of Family Law seminars dealing with the specific issues of the impact of Family Code Section 3044 on child custody and visitation’s orders; “Cutting-Edge Solutions in Mediation and Co-parenting” - child custody and visitation disputes; the role of minors’ counsel in custody and visitation litigation.

Family Law Discovery

  • Handled over 150 contested discovery motions and disputes either as a family law practitioner or as a settlement judge or all-purpose judge.
  • Appointed as a discovery referee or special master by the Court under both CCP 638 and CCP 639.
  • Panelist and presenter with reference to discovery issues in family law and the impact of Family Code Section 1100(E) upon family law discovery and the Civil Discovery Act.

Spousal Support

  • Handled between 350 and 500 cases involving contested child support orders, both temporary and permanent, where a full and complete examination of those factors as set forth in Family Code Section 4320 were addressed, including but not limited to the determination of the marital standard of living as it relates to temporary and/or permanent spousal support orders.
  • Presided over 200 settlement conferences either as a privately retained settlement judge or a court-appointed settlement officer in cases involving both permanent and temporary spousal support, including a determination of income available for spousal support as it relates to stock and stock option grants, restricted stock units, deferred compensation, and fringe benefits related to employment.