Grandparents’ Rights in California, continued
San Diego family law attorney Andy Cook talks about how grandparents can assert a right to visitation with their grandchildren in a California divorce.
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San Diego Family Law Blog
How is Child Support Calculated in California?
If you’re considering a separation or divorce in California, you may be wondering what your monthly expenses and budget will look like after you separate your life and finances from that of your spouse. If you have agreed with your spouse that you will not be the parent with primary custody of your children, then…
Change in Title Not Enough to Change Separate Property to California Community Property
A recent California Court of Appeals case from the Second District has clarified when separate property becomes community property, and when the community can expect to receive a portion of that property. In the case titled In re Marriage of Lafkas, John Lafkas had been a founding member of a partnership that held several pieces…
Supreme Court Rules on Date of Separation in California Divorce Cases
When a couple in California “separates”, it means that they stop accumulating community property and community debt. Also, the date of separation is an important barometer for spousal support. Often, orders require someone to pay based on how long the marriage was, from date of marriage till “date of separation”. But just what does it…
Appeals Ct. Upholds San Diego Divorce Judge on Domestic Violence
In a case certified for publication, San Diego’s Fourth District Court of Appeal has affirmed the decision of a now retired family law judge to grant a restraining order against a man who basically lost it after he found out that his former domestic partner had been unfaithful. According to the case, Altafulla v. Ervin,…
Separate or Community? That is the Question
The existing rule regarding California divorces is that property acquired before marriage is separate property. But the existing rule has also been that property changed into joint form during marriage is treated as community property if the parties end up getting divorced, even if the property was first acquired before marriage. Get that? But in a 3-0 decision,…
Appeals Court Reverses California Divorce Judge’s Order Changing Custody
Is it proper for a family law judge to change custody in the middle of the school year so that the children are required to move from California to Alabama? Maybe, but caution is required. That was the message from the California Court of Appeal recently in a case called Jane J. vs. Superior Court…
Back to the Drawing Board in California Child Support Case
Some people will fight over anything. This is particularly true in Riverside County, where the California Court of Appeal recently had to decide whether to approve the decision of a divorce judge increasing child support for the parties’ 17-year-old child by $118 a month. The amazing thing about this case, entitled Marriage of Nigro, is…
Family Law judge orders attorney fees in domestic violence case
Did you know that in a California domestic violence case, a judge may order either side to pay attorney fees? In San Diego, the Court of Appeal may that abundantly clear in a decision that it ordered published earlier this month. Ruling 3-0, the appeals court upheld a decision by the trial judge to award $5,000.00…
California Divorce Judge Orders Wife to pay for Lawyer’s Parking Ticket
Even after you’ve been doing this for a while (and yesterday was the 20th anniversary of the day I opened my practice), you can still be surprised by some of the things that happen in Family Court. For example, this past week, the California Court of Appeal upheld a lower court’s order that the wife…