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…

There are many types of abuse, and a family law court shall take all of them in consideration. 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…

The noncustodial parent (the parent who is not the primary physical custodian) must make a prima facie showing of detriment to child from proposed move to obtain an evidentiary hearing. I just had a hearing in which the noncustodial parent who lives in California requested that the court order my client who is in Italy…

A client who did not have an attorney during her divorce last year focused her intent in getting sole legal and physical custody of their very young child. In essence, she waived her rights to a much higher child and spousal support along with community asset division and in exchange she would have sole custody….

I have a client that resides in Illinois while mom and children (only 1 remaining minor) presently all live in Israel.  Mother requested the Los Angeles County Department of Child Support (DCSS) to enforce a private divorce order. The issues are a request for a modification of child support and determination of arrearages brought forth…

All too often in family law parties “stonewall” one another. They make frivolous request. They inundate the other side with faxes, emails, messages, letters, useless interrogatories, and more. They refuse to accept a reasonable settlement offer. What can a spouse do? California Family Code, Section 271 basically states that if “the other side doesn’t play…

Although family law and criminal law are two very distinct areas of the law, they frequently overlap creating challenges for lawyers who specialize in just one area. When a family law case involves elements of criminal law such as domestic violence, child abuse, restraining orders, alcohol  (DUI) or drug offenses, the case becomes exponentially more…

An annulment is very different from divorces. In a divorce, there are no questions about the marriage. You simply want to end it and move forward with your life. In an annulment, the marriage itself is questioned—whether it is valid and enforceable. In California, there are 2 types of annulments: (1) void marriage (not legally…