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Blog Posts in May, 2012

  • 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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  • Can gifts be considered income for Ca child support purposes?

    Can gifts from family members be treated as income for child support services? The law is ever changing and it is important to be familiar with the changes in the law as they can dramatically effect the outcome of your case. I. 2009, the Ca appellate court in a case referred to as IRMO Alter. In Alter, Husband was receiving $4,000 a month from his mother. This gift was consistently given and was ...
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  • Happy Mother's Day from Covina Family Lawyer

    Dear Mothers: Here is wishing you a great Mother's Day. Whether parties are in the middle of a divorce or recently completed one, there should always be time to spend with your mother. In addition, Step-Mothers rarely get the respect the comes along with the role. Parents do move on and this typically involves a new marriage where the new spouse becomes part of the existing family. There are many ...
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  • Does equal timeshare in a Ca child support case mean that I do not have to pay support?

    One of the most frequently asked questions I receive is ""If I have a 50-50 timeshare with my child do I have to pay support? Timeshare is only one factor considered in a Ca child support case. The other factors include such factors as the parties’ income, filing status, medical insurance and child care expenses if any. The parties can have equal time but one party may make significantly more than ...
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