I believe that every effort should be made to resolve issues, if not the whole case. It saves you money, time, and the heartache in dealing with custody issues. Many clients are confused why they must attend mediation prior to a hearing involving child custody and/or visitation. The Family Court Services is part of the…
California Courts Have Decided Cases Under California’s Coercive Control Law, But Now There is a Published Decision. In the Case of Hatley v. Southard, (“Hatley”) (Decided August 1, 2023) Court of Appeal, Fourth District, Division 2, California, the Court Grants a Restraining Order Based on Coercive Control On September 29, 2020, Senate Bill 1141, was…
My experience in the child support began with the Los Angeles County District Attorney’s Office who use to oversee the establishment and enforcement of child support court orders for both welfare and non-welfare custodial parents. Today, the state agency, Department of Child Support Services (DCSS), is responsible for the massive collection of child support for…
A prerequisite to modification or termination of spousal support is a material change of circumstances. Change of circumstances’ means a reduction or increase in the supporting spouse’s ability to pay and/or an increase or decrease in the supported spouse’s needs. The trial court has broad discretion to decide whether to modify a spousal support order….
Under federal law, all United States military personnel must provide child support to their children. But the laws of each state take priority over military rules. If a court order has already been established, or if both parties have entered into a written agreement on child support, both parties must comply with those agreements. If…
After finishing up the second part of a trial (the first part was in February 2021), of a five-years of litigation, it is a welcome respite to write an article. However, there is no rest for the “weary.” I have a parentage and custody hearing set this month at Lamoreaux Justice Center in Orange County…
If you are an unmarried mother, we are assuming: You have never married the father of your child; You were not married to someone else when your child was born; Paternity was not established by you both signing an Acknowledgement of Paternity (AOP) form or through a court-ordered DNA test; and There is no court order that…
I am preparing for my third family law trial during this pandemic, so writing my articles had to be “paused.” But this issue is something I have never written about, and it is something that affect those that have a hard time “kicking” out a spouse from the home. The California Family Code allows courts…
Department of Child Support Services (DCSS) in Los Angeles County moved from Central Civil West to Stanley Mosk Courthouse so expect a learning curve for all involved. But the same work of establishing and enforcing child support orders, spousal support (in some instances) and arrears collection will remain. Notwithstanding the interest rates being at historically…
I just finished a virtual trial on Monday, March 1, 2021. It was set for ten days with a bifurcated issue going first. The bifurcated portion was scheduled for three days, it lasted six days and I had two attorneys on the opposing side to contend with. The legal issue was complex, and the facts…
It is important to understand that when people live together, whether or not they are married, a “confidential relationship” arises between them. For married persons this relationship arises from a legally recognized nature of matrimony. For unmarried persons, certain important legal obligations are present but may be of lesser value. Nonetheless, due to the trust…
I am part of a legal team for both the client’s criminal domestic violence trial and divorce. While the merits of the criminal case will be determined by the jurors, the pervading question is the validity of the allegations while the parties concurrently are engaged in a bitter divorce case. Both parties’ are keenly aware…
Happy New Year everyone! I have been engaged in two very complex and ongoing settlement conferences in an effort to prevent the case from going to trial and incurring substantial legal fees and costs for my client. One case will need to be “bifurcated” (a separate trial for one or more particular issue). In this…
“If either parent of an unemancipated minor child is deceased, the children, siblings, parents, and grandparents of the deceased parent may be granted reasonable visitation with the child during the child’s minority upon a finding that the visitation would be in the best interest of the minor child.” [Family Code “FC” 3102 (a)] As you…
There are generally eight types of domestic violence/abuse: physical, intimidation, child abuse, verbal and emotional, social isolation, religious, male/female privilege (diminishing the victim’s authority and preventing him/her from contributing to the relationship and sexual abuse.) If you are in the process of divorce and there are minors involved, issues of custody and visitation will be…
Prior to December 31, 2018, in most divorce situations, one spouse is legally obligated to make payments to the other party. These payments could be substantial and tax deductions and for some payors, this has been a substantial benefit. However, the Tax Cuts and Jobs Act (TCJA) will “scrap” a 75-year old deduction for spousal…
Many clients will be confused as to their rights in modifying a current visitation or custody order. For example, I had a client who had a visitation order 5% due to a prior restraining order. He came to my office and wants to know what his options would be. Since the restraining order had expired,…
This issue is sometimes litigated in divorce cases. In California, there are many scenarios in which a Family Code (FC) 2640 analysis will apply. The most common one deals with reimbursement of a separate property down payment on a home. For example, the residential home is purchased during the marriage and a down payment is…
Apart from settlement, a divorce trial is the only way that a court can make a final decision about your case. Settling a divorce case does not necessarily mean you and your ex-spouse have to agree on everything. You can reach a partial settlement on some issues and decide to allow the court to rule…
“Arrears” means past due support. Arrears are created when a child support order is made and there have periods of time in which support payments were paid only partially or not at all. Section 685.020 (b) of the California Code of Civil Procedure mandates interest on arrears at a legal rate of 10% as each…