Blog Posts By Category

    • 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 ...

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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 ...

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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 ...

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    • Why do I have to attend mediation with the other parent in my California family law case when we are so far apart in our respective positions from our paperwork?

      In all family law cases in California, the parties are required to attend mediation prior to the court marking and orders on child custody and visitation. This requirement is imposed irrespective of ...

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    • The other parent filed a Request for Orders (RFO) asking for child custody and visitation orders. Can I make a request from the court if it is not a specific relief requested by the filing party?

      No. By way of example, if Dad files an RFO requesting an alternate weekend visitation only, Mom cannot file a response to the RFO and request that the children get braces or request that Dad pay child ...

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    • I suspect the other parent may leave the state with our child. How can I bring this matter to the court's immediate attention?

      The Court may enter an Ex Parte order either granting or modifying custody unless there has been a showing of immediate harm to the child or immediate risk that the child will be removed from the ...

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    • If the other parent is receiving occasional gifts from a friend or new significant other, is this a basis to reduce or modify child support?

      This issue of gifts in calculating child support has been addressed almost a decade ago. However, the recent case of Anna M. v. Jeffrey E. (1-11-17) further solidified that, for gifts to be considered ...

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    • If I am the beneficiary of a trust in a California divorce or paternity action, can the Court consider this income for the purposes of calculating child support?

      This issue was addressed in a case by the name of IRMO Furie (10-30-17). In this case, the husband filed a request to modify child support based on his loss of employment and his sole income was the ...

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    • Are all changes in a parent's income the basis for a modification of child support?

      This very issue was raised in IRMO Usher (12-2-16). In this case, the court found that the husband’s reduced income did not constitute a material change in circumstances in light of his extreme ...

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    • Are military disability benefits considered community property in a California divorce?

      Although this was not the primary issue in a recent case, it did shed some light on both this issue and a related issue. In re Marriage of Chapman (9-27-16), the court re-iterated that although ...

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    • If I have a joint account with my spouse and my spouse passes away, does the remaining funds go in our account go to the surviving spouse or the deceased spouse's decedents?

      This very issue was addressed in a recent case by the name of Estate of O'Connor (10-13-17). In this case, the court was discussing if whether the left-over sums in a joint banking account go to the ...

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    • If my spouse requests that I sign a inter-spousal transfer deed or quit claim deed under the promise that I will later be added to title, what are my rights?

      Although there are many issues of transferring property be deed during a marriage, a recent case, IRMO Yeh v. Tai (12-21-17) dealt with the issue of a deceased ex-husband removing the wife from title ...

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    • If my spouse loses money in the stock market, can I recoup the money that was lost in a California divorce case?

      Yes. A recent case , IRMO Kamgar (12-8-17), found that if one of the spouses in a marriage wants to trade stocks that they need to have previously disclosed it to their spouse as well. In this case, ...

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    • The other parent filed a Request for Orders (RFO) asking for child custody and visitation orders. Can I make a request from the court if it is not a specific relief requested by the filing party?

      No. By way of example, if Dad files an RFO requesting an alternate weekend visitation only, Mom cannot file a response to the RFO and request that the children get braces or request that Dad pay child ...

      Read More
    • I suspect the other parent may leave the state with our child. How can I bring this matter to the court's immediate attention?

      The Court may enter an Ex Parte order either granting or modifying custody unless there has been a showing of immediate harm to the child or immediate risk that the child will be removed from the ...

      Read More
    • Why do I have to attend mediation with the other parent in my California family law case when we are so far apart in our respective positions from our paperwork?

      In all family law cases in California, the parties are required to attend mediation prior to the court marking and orders on child custody and visitation. This requirement is imposed irrespective of ...

      Read More
    • I suspect the other parent may leave the state with our child. How can I bring this matter to the court's immediate attention?

      The Court may enter an Ex Parte order either granting or modifying custody unless there has been a showing of immediate harm to the child or immediate risk that the child will be removed from the ...

      Read More
    • I suspect the other parent may leave the state with our child. How can I bring this matter to the court's immediate attention?

      The Court may enter an Ex Parte order either granting or modifying custody unless there has been a showing of immediate harm to the child or immediate risk that the child will be removed from the ...

      Read More
    • Are there timing requirements for entering into a prenuptial agreement in California?

      Yes. A recent case, Clarke v. Akel (1-24-2018), the court found that just because a party puts in writing in the premarital agreement that both parties have had 7 days to review the agreement, that if ...

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    • If my spouse requests that I sign a inter-spousal transfer deed or quit claim deed under the promise that I will later be added to title, what are my rights?

      Although there are many issues of transferring property be deed during a marriage, a recent case, IRMO Yeh v. Tai (12-21-17) dealt with the issue of a deceased ex-husband removing the wife from title ...

      Read More
    • What are the recent developments in military pensions and the parties' various elections to collect these pensions?

      In Howell vs. Howell, the U.S. Supreme Court unanimously held that (a) state court may not order a veteran to indemnify a divorced spouse for the loss in the divorced spouse’s portion of the veteran’s ...

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    • How Does The Date of Separation Affect My Property Rights in My California Family Law Case?

      As a general rule, all assets/accumulations and debts/liabilities acquired during the marriage are community property subject to equal division on legal separation or divorce. For example, if you ...

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    • Same-Sex Marriage Legalization Allows Same-Sex Divorces

      The United States Supreme Court's ruling that legalized same-sex marriages nationwide certainly stirred up quite a bit of controversy. From politicians vowing to get the decision repealed to county ...

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    • Is the issue of domestic violence and separate property assets considered in determining spousal support in California?

      Yes. A recent case by the name of IRMO Schu [Schu II] (12-6-16) addressed this very issue. In this case, the court found that they had properly considered fault, spouse’s domestic violence, and wife’s ...

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    • If my former spouse has a business, but transfers the business to his/her new spouse's name, can this be a basis to modify spousal support in California?

      The case on point is, IRMO Berman (9-27-17). In this case, the husband retired at age 65, but opened a business and placed it in his new spouse’s name. He filed a motion to modify spousal support ...

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    • If my California judgment or marriage settlement agreement does not specify that spousal support terminates on the death of my spouse, am I still obligated to pay support to his/her beneficiaries?

      In the case of Leslie v. C.I.R. (9-14-16) , the parties entered into a marriage settlement agreement whereby spousal support was agreed to, but there was not specific language that spousal support ...

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    • How do I terminate a guardianship order and have my children returned to me?

      A parent seeking to terminate the guardianship has the burden to show the following in order to terminate the guardianship: a) that the initial basis for ordering the guardianship no longer exists & ...

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    • I exercise more parenting time then is set forth in my judgment, am I in a better position to oppose a move away hearing then someone whose is designated as a non-custodial parent in the judgment?

      As stated elsewhere, where the parties have Joint Physical Custody (both parties have substantial amounts of parenting time), the Court must consider a move away request de novo and with both parents ...

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    • Is there a different standard in a move away case between parties having a temporary vs. a permanent order for custody and visitation?

      Yes, if you have a temporary order that was the result of a Request for Orders or Domestic Violence Restraining Order hearing then the standard is always what is in the best interest of the child and ...

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