Family Law
10
Apr
Navigating what can you put in a prenup? Prenups can include a variety of provisions from asset division to spousal support, but there are exclusions to be mindful of for legal compliance. Our guide takes you through the ins and outs of crafting a prenup that’s both protective and permissible. Key Takeaways Prenuptial agreements outline […]
08
Jan
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 […]
14
Jul
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 […]
09
Jul
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 […]
01
Aug
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 […]
12
Jan
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 […]
11
Jan
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 […]
13
Aug
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 […]
12
Aug
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 […]