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Blog Posts in 2012

  • How far back will an initial Ca order for child support go?

    An initial child support order can be made retroactive to the date the Petition is filed. This is set forth below in Ca Family Code section 4009: An original order for child support may be made retroactive to the date of filing the petition, complaint, or other initial pleading. If the parent ordered to pay support was not served with the petition, complaint, or other initial pleading within 90 ...
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  • How do I prepare for Child Custody Mediation?

    How to prepare for child custody mediation (aka Family Court Services/Concilliation Court) depends on what county you reside in. There are two types of mediation depending on the county which you reside in. The first type is Confidential Mediation. In this type of mediation, both parties meet with a court-cretified MFT/Counselor that helps the parties develop a parenting plan. The party requesting ...
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  • CA Child Support Cases by District Attorney

    In years past, Child Support Orders through the county were both obtained and enforced through a branch of the District Attorney. However, this is no longer the case, but there is now a centralized location in each county where child support orders are made, modified or enforced if the following two conditions are met: 1) A person seeking support is receiving public assistance from the state of or ...
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  • Legal Custody

    There are two types of Legal Custody in Ca Family Law: Joint & Sole Legal Custody. Joint Legal Custody means that both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child. (Family Code §3003). For example, if one parent wants the child to go to a particular school, they must discuss and obtain the other parties’ ...
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  • Joint Physical Custody

    The common misconception with the term Joint Physical Custody is that it equates to the children spending equal time with both parents. Although there is not a fixed amount of time required for Joint Physical Custody, it is commonly defined as each parent having a substantial periods of time with the minor children. Common timesharing arrangements that are widely known as Joint Physical Custody ...
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  • What do I do if the other side is acting unreasonably in a Ca Family Law Case?

    A sanction in the form of an award of attorney's fees may be imposed for a party's frustration of settlement and for employing tactics that increase the cost of litigation. In a recent case, IRMO Wahl vs. Perkins (2012), the parties divorced in 1999. In 2006, Wife filed a motion to modify the custodial orders in the judgment of dissolution. A child custody evaluator recommended that Husband be ...
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  • What should I do if I believe I am the father of a child not yet born?

    An unmarried bio-father who consistently sought to be determined to be a child's father and repeatedly requested visitation is a presumed parent of the child. A person who lived with the child's mother for only two weeks before and two weeks after the child was born and cared for the child only sporadically thereafter is not a FC §7611(d) father. In a recent case In Re DA (2012), a father by the ...
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  • How are pension rights/credits determined in a Ca Family Law case?

    A spouse’s use of community funds during the marriage to purchase military service credit in CalPERS makes the service credit community property even though the spouse’s military service was completed before the parties married. In a recent case, IRMO Green (2012) H served in the USAF for four years ending in 1986. In 1989, he began working as a firefighter in Dublin. The department was a ...
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  • How do I change the character of property acquired during the marriage?

    How do I change the character of property during my marriage? All assets acquired during the marriage are presumed community property subject to an equal division upon dissolution or legal separation. However, spouses may change property from community to separate or from separate to community property be entering into a transmutation agreement. However, to enter into these agreements, certain ...
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  • How can I obtain attorney's fees in a Ca Custody or Dissolution case?

    How can I get help from my spouse in paying my attorney’s fees in a Ca custody or dissolution case? The courts routinely order the payment of attorney’s fees in a Ca child custody or dissolution action based on a disparity in the incomes of the parties taking into consideration the following factors. First, under Family Code (FC) section 2030, the court is required to "ensure that each party has ...
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  • What is the difference between a lawyer and a paralegal?

    People often get the two confused regarding these two titles and based on this confusion, chose to hire a paralegal for an assumed lower price than hire an attorney for their Ca Family Law case. I am writing this article to clarify these positions and share a word of caution for those who are contemplating hiring a paralegal. Paralegals (document preparers), are required to complete a course in ...
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  • Ca Child Support Factors

    Due to the extensive answer go this frequently asked question, I have broken my response into a two part series. The first part deals with factors that apply to the great majority of people while the second part deals with other factors that are important, but are less frequently occurring. The factors considered in calculating child support is often oversimplified by so called "free calculators" ...
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  • Modification of Ca Child Support Orders: Legal Requirement

    What is the legal requirement to modify a Ca child support order? It depends on whether the prior order was the detrmination of a Ca Guideline Support order or whether it was a non-guideline agreement of the parties. All support orders, even those based on the agreement of the parties, are modifiable proseptively, except for spousal support orders that the parties have previously agreed may not be ...
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  • CA Move away cases

    What happens when a parent in a California Paternity or Divorce case requests the court's permission to move away, but would only move with the minor children if the request was actually granted? In a recent case (Mark T. Vs. Jamie Z), the parties had entered into a temporary custody agreement that was then entered by the court. The agreement was that Z had primary custody while T had liberal ...
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  • Fiduciary Duties in California Family Law Cases

    When one spouse to a marital dissolution case is the managing spouse responsible for the parties' resources (bank accounts, rental icome etc.), that spouse owes a fiduciary duty to the other spouse to account for these funds. Earlier this year in the MARGUILIS case, the parties were married for a period of 33 years followed by a 12 year separation prior to filing for divorce. Husband managed the ...
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