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San Diego Family Law Blog

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 »

Child Visitation Isn’t For Everyone in California

By Andy Cook |

Is a California judge allowed to deny child visitation to a father even if the visitation is supervised. Answer: yes. That’s the message from the Court of Appeal in In re T.M., which was decided last month but certified for publication this week. In T.M., a seven-year-old boy’s mother had died. Years went by,… Read More »

What Happens to Child Support if Child Doesn’t Live with Custodial Parent

By Andy Cook |

A judge makes an order for child support. But it later turns out that the child is not living with the parent to whom the child support is supposed to be paid. Is that fair? Is there anything a court can do, or does it even matter? The answers to some of these questions… Read More »

Court limits child visitation time of perpetrator of domestic violence

By Andy Cook |

California Family Code section 3044 says that a parent who has committed domestic violence against the other parent within five years is not allowed to have sole –or even joint– physical or legal custody of the parties’ children, unless the perpetrating parent proves by a preponderance of the evidence that he or she should,… Read More »

When Should a California Family Law Court Consider Earning Potential?

By Andy Cook |

When I started law school 26 years ago, I had no idea what the word “impute” means. Maybe that explains my SAT scores. Anyway, a law professor explained that the word means “to bring into the reckoning”. I am not sure if that’s the best way to describe the word, but in family law,… Read More »

Is This a Date?

By Andy Cook |

When abuse occurs between two unmarried people who are not related to each other and who have never had children together, California Family Law Courts only have power to issue a restraining order if the individuals have a “dating relationship”. Most people can figure out when people are dating or not, but it can… Read More »

The Importance of Domestic Violence Findings in Child Custody Cases

By Andy Cook |

How is child custody decided in California in a divorce or paternity case? Normally, the answer can be found (at least in part) in California Family Code section 3040, which states, “the court shall consider, among other factors, which parent is more likely to allow the child frequent and continuing contact with the noncustodial… Read More »

Illegal Recording and California Family Law

By Andy Cook |

If you’ve ever thought about recording your spouse in a compromising situation, here is a case that should make you think twice. Although the case, In re M.H., decided last month, is a juvenile delinquency case–not a family law case — the situation is analogous to the family law matter where one spouse maybe… Read More »

Judge Reversed for Not Following Proper Standard in Domestic Violence Case

By Andy Cook |

Family Code section 6345, subd. (a) says that domestic violence restraining orders may last for up to five years, “subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of… Read More »

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