Law Offices of Andy Cook
Call Us Today 619.515.9900 1901 First Avenue, San Diego, CA 92101-0309

San Diego Family Law Blog

Words Matter; Wife Loses Family Law Appeal

By Andy Cook |

What does a “bonus” mean? The answer to that question ended up costing a woman nearly $500,000.00 in spousal support. This issue arises from the case of Marriage of Minkin, a case decided recently by Division Three of the California Court of Appeal’s Fourth Appellate District. In 2004, Wife (“Patricia”) and Husband (“Robert”) agreed… Read More »

No Vocational Exam Allowed

By Andy Cook |

In a published decision, the California Court of Appeal has reversed a trial judge for ordering a vocational exam when there was no motion or RFO for support pending. Apparently, the court found that there was a lack of “good cause” pursuant to the code provision that allows for vocational exams. The case is… Read More »

Fighting Wife Loses Request for Restraining Order

By Andy Cook |

“She started it”! That’s something we might hear one sibling say about another one, but it’s also the argument that appears to have worked for a man in a California divorce case. In the case of Marriage of Grissom, the wife (“Valerie”) filed for divorce in San Diego and at the same time requested… Read More »

When Visitation is Supervised in California

By Andy Cook |

Last night, I was watching a television drama.  Indirectly, the show made reference to one or more characters having to have visitation with their children on a supervised basis.  That means a third party, usually a professional, shadows the parent and child to make sure the child is safe during the visitation and that… Read More »

Life, Death, Spousal Support, and Insurance

By Andy Cook |

If there’s one thing we know for sure about spousal support, also known as alimony, it’s that it ends with the death of either party. That’s why Family Code section 4360 exists. It provides that a court making a spousal support order “may include an amount sufficient to purchase an annuity for the supported spouse… Read More »

Unmarried Dad Has to Pay Child Support Even Though Mother is Supported by Platonic Friend

By Andy Cook |

California determines child support by an algebraic formula that looks at essentially four things: the payor’s income; the custodial parent’s income; the number of children; and the amount of time each parent spends with a child. But what if the custodial parent, who is usually the parent who receives child support, is not working… Read More »

Does Spousal Support Recipient Have to Work?

By Andy Cook |

How long does spousal support (i.e., alimony) last? That’s a question I get a lot. And the answer is it could be a long time, especially if the marriage has been for over ten years. The law in other places may be different, but in California, a marriage that has lasted over ten years… Read More »

Court Considers Woman’s Naughty Behavior in Denying Spousal Support

By Andy Cook |

As California family law lawyers, we’re trained to tell our clients that California is a no-fault state. And that’s true. You can get a divorce for just about any reason, provided either you or your spouse has lived in California for at least six months and the county of filing for at least three… Read More »

Dad’s Lower Income Doesn’t Mean Lower Child Support

By Andy Cook |

When divorced parents suffer a cut in pay or a job loss, they often are entitled to a reduction in any child support that they have been ordered to pay. After all, child support in California is almost always based on a computer formula that looks at basically four factors: the number of children;… Read More »

Court Upholds Domestic Violence Case Even Though Parties Had Sex After Abuse

By Andy Cook |

I remember a case I had years ago where the alleged victim of domestic violence obtained a temporary restraining order but then engaged in consensual sex with the alleged perpetrator before the hearing where the judge would decide whether to make a temporary restraining order permanent. Based on the incidence of sex, the judge… Read More »

Law Offices of Andy Cook are located in San Diego, CA and serves clients in and around San Diego, Coronado, National City, Lemon Grove, Bonita, Imperial Beach, La Mesa, Alpine, El Cajon, La Jolla, Santee, Del Mar, Rancho Santa Fe, Lakeside, Solana Beach, Poway, Cardiff By The Sea, Escondido, Ramona and San Diego County.