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Tag Archives: California Family Law

Husband is responsible for Wife’s Failure to Pay her Computer Bill

By Andy Cook |

Is your separate property responsible for your spouse’s debts? That was a question answered yesterday by the California Court of Appeal involving two attorneys who ended up getting divorced. The wife was an immigration attorney who leased computer equipment. She defaulted on her payment and the computer company got a judgment against her of… Read More »

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 »

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 »

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 »

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 »

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 »

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