Category Archives: blog
Tenacious Mother’s Attorney Able to Get Judge Reversed in Domestic Violence Case
California Family Code section 3044 basically requires a judge not to award joint or sole custody to a parent when there has been a finding that the parent perpetrated domestic violence against the other parent within the previous five years. There are seven exceptions to this rule, such as the completion of a domestic… Read More »
Can I still Get Divorced this Year?
If the divorce petition was filed and served before June 30, 2018, the answer is yes Since June 30th was a Saturday, the divorce would have had to have been filed no later than June 29th (since courts are not open on Saturdays) and then served either that day or the next day. All… Read More »
Wife Attacks Husband but Restraining Order is Denied
You would think that a woman who slapped her husband twice in their home and then pushed him and scratched his neck, before grabbing his cell phone out of his pocket and walking or running away before being arrested, would have a domestic violence restraining order entered against her for up to five years…. Read More »
Wife Loses Argument over Alimony Modification and Attorney Fees in San Diego
$7,500.00 is a lot of money for alimony (i.e., spousal support) for some people, but this is a case about a woman who settled for that amount in her divorce case but then tried to get even more money later on but lost in a case decided here in San Diego. This case, which… Read More »
Are You Sure You’re Married?
I remember an old episode of Gilligan’s Island — well, I guess they’re all old now — when the Howells discovered that they were not really married. Lovey threw a fit and wouldn’t let Thurston sleep in the same hut with her. But, in a decision filed by the California Court of Appeal yesterday,… Read More »
How Will the New Tax Law Affect California Alimony?
As many of you know by now, the most comprehensive tax law in 30 years was passed by Congress this week and signed into law by the President. Of greatest impact to those going through a divorce, alimony — known also as spousal support — will no longer be tax deductible for the payor… Read More »
What the Tax Law Means to California Divorces
Merry Christmas or Bah Humbug. Happy Chanukah or oy vey. These may be just some of the reactions to the new tax bill officially passed by the Congress this morning. With respect to family law, the thing that everyone’s been talking about is spousal support. Under existing law, spousal support (also known as alimony)… Read More »
Home Alone — Not a Good Idea
Earlier this month, I wrote about how Family Code section 3064 makes it difficult for courts to address concerns about holiday visitation because the section at issue deals with needing an emergency to make an ex parte order for custody or visitation, and holidays are not emergencies — though understandably important to both parents… Read More »
When You Should File to Modify Spousal Support or Child Support
Today is the first of November. You probably knew that because last night was Halloween. The first day of the month is important for many reasons, like paying bills. But in California family law cases, the first is particularly important when it comes to changing child support and spousal support orders. For child support,… Read More »
Trying to Lower or Terminate Spousal Support
In order to reduce spousal support after a judgment, you must show the court that there has been a substantial change in circumstances since the last order was made regarding spousal support. It this showing is not made, the request will probably be denied. In fact, it must be denied. On the other hand,… Read More »
