Family Law

Effective September 1, 2024, Family Law Code §4061(a) is amended to require that parents share child support add-ons based on their relative net incomes after payment of support and taxes. Currently, parents are generally ordered to share 50/50 all add-ons for child support, such as uninsured medical expenses and childcare costs. The court has the […]

Custody and Visitation Orders: Parenting Considerations

A stable parenting plan is important in a divorce action with children. The process of setting up a custody schedule to see your children may seem daunting to separating parents but it is a crucial process that will aid in giving your children a stable and supporting environment.  A few visitation schedule for parents that […]

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Sometime it is not enough for former spouses to enter into a divorce decree to determine their support obligation and divide their assets and debts, one must be able to collect on the money orders/judgments. It is not unusual that people evade their legal responsibility to pay support or pay out the former spouse. Below […]

How does a finding of domestic violence between the parties affect their divorce or custody case? Such finding may result in a denial of spousal support to the abuser and affect the abuser’s custodial rights.  California Family Law Code section 3044 provides as follows: “Upon a finding by the court that a party seeking custody […]

What do Social Security disability benefits have to do with family law? Before we discuss how social security benefits may affect a divorce or support case, first we must distinguish the types of Social Security benefits.  There are two basic types: one is an insurance claim and the other is a welfare program.  The insurance […]

Pension plans are complex assets that must be divided through the use of a Qualified Domestic Relations Order.  Many spouses have a divorce judgment which provides for a division of the pension plan.  However, since payments from the plan do not commence until the participant spouse retires, many people failed to obtain a QDRO subsequently […]

Obtaining a Domestic Violence Restraining Order You do not need to show that you suffered physical violence in order to obtain a Domestic Violence Restraining Order.  One must show “abuse” which has many meanings in family law court. In California, Family Law Codes sections 6320 and 6203 set out the requirements for a domestic violence […]

In 2011, California has more than 240,000 consumer bankruptcy filings which account for approximately 17 percent of the filings nationwide.  While a bankruptcy allows a person to reorganize and/or discharge personal debts, the bankruptcy taints the filer’s credit score and remains on the credit report for up to ten years.  If your former spouse files […]

Benjamin Franklin once said, “[i]n this world nothing can be said to be certain, except for death and taxes.” What if death happens in the midst of a divorce or after judgment has been entered in a divorce case?  California law provides that if a party dies while a divorce case is pending, then the […]

Getting divorce is an expensive undertaking.  In some cities, it can cost on average $20,000.00 per party in a divorce case.   In California, “[a] small trial can run from $40,000 to $80,000 in California (on the low-end) to $75,000 to $150,000,” says family law attorney Steve Mindel. Read more: http://www.businessinsider.com/cities-where-getting-divorce-will-cost-you-2013-11#ixzz3F1Acv479 But there is an alternative to getting […]