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Blog Posts in 2013

  • Common Visitation Schedules in California Child Custody Cases

    Definition: Timeshare (Now called parenting time) refers to the time that a parental has physical responsibility of a child. Common timeshare arrangements are as follows: 20%: Every other weekend from Friday after school until Sunday at 6:00 p.m. and a mid-week dinner visit is a typical example of a 20% visitation schedule. This was also known as a Freeman Order as set forth by now deceased ...
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  • How does the tax filing status effect the amount of child support I pay?

    Tax Filing Status: Definition: * Single: You intend on filing as a single person and taking the default deduction given by the IRS. Currently $5,000 (Subject to change). * Married Filing Jointly to Same Spouse: You and your former spouse are planning on filing together for the current tax year and claiming the "Married" Deduction. Currently $10,000 (Subject to change). * Married Filing Jointly to ...
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  • Los Angeles County Timeshare plans

    Definition: Timeshare is the principal factor in the child support formula. The more time you are responsible for your child/children, the more resources it requires. Common Timeshare Plans: 20%: every other weekend pick up from school to Sunday night and dinner visit from 3-7 p.m. midweek. 35%: Every other weekend and alternating weeks in the summer. This is a favorite of people living 50+ miles ...
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  • How do family law cases take place at the Pomona courthouse?

    Like other Los Angeles courthouses, the parties are required to attend mediation which is located in room 110 on the first floor of the building. The family law courtrooms are located on the second floor of the courthouse. As of the date of this blog, there are three judicial officers sitting at the Los Angeles Superior Court located in Pomona. Judge Susan Lopez- Giss is in Department B, ...
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  • What if I have an existing spousal support order and my spouse is living with his/her girlfriend/boyfriend?

    What if I have an existing spousal support order and my spouse is living with his/her girlfriend/boyfriend? Re-marriage terminates a party’s right to spousal support but what happens if the former spouse does not remarry but rather moves in with someone of the opposite sex? Often one of the most frequently asked questions with regards to the issue of spousal support is the question regarding the ...
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  • Spousal Support when the other party is the primary custodial parent

    Can a party in a California divorce case collect spousal support when the other parent is the primary custodial parent? Many of time I had seen a party offet their child support obligation with a spousal support order. This would typically occur when the spouse who was not the primary custodial parent, was the low income earner for the family. That is they made less money then their mate who was ...
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  • Imputation of Income for Primary Custodial Parent

    Although the court can typically impute income to a parent in a California child custody to honor the legislative intent that both parents are required to support their minor children, a recent case turned this rule on it's head. The recent case of IRMO Ficke held that a Trial court in calculating child support abused its discretion by imputing income to the custodial parent-—who was drawing ...
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  • What are the requirements to modify a child custody judgment in Ca?

    A judgment is presumed to be a final custody determination after either a contested trial or by stipulation. The purpose of a judgment is to bring a sense of finality to the custody aspect of the case after perhaps a series of pendente lite (pending litigation) visitation schedules that have been explored. However, some judgments are drafted to take into considerations certain future changes ...
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  • How to keep your attorney's fees down in a California Divorce.

    Over the years of practicing law, I have always made the following suggestions for clients to keep their cost down in the divorce case: 1) Sleep on it. Typically, clients call when something they perceive as traumatic has happened. Often, I encourage client to document whatever the event is and then wait until following day to make the determination on whether they still need to call the attorney ...
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  • Helpful Hints In Hiring a Family Law Attorney

    What should I consider in hiring an attorney for my family law case? Many prospective clients are completely lost when knowing what questions to ask or qualifications to look for in hiring a family law attorney. I have put together some general considerations that I hope prove helpful in your quest: 1) Always check an attorney's profile on the State Bar website for any misconduct committed by the ...
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