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The use of retired judges to resolve family law cases in California has become quite common over the years. The way it works is that in exchange for an hourly rate paid for by the parties, the retired judge serves as a “privately compensated temporary judge.” However, in a published decision by the California Court…
Bigamous Marriage May be Valid in Another Country but still void in California California allows parties in family law to argue –instead of doing through a divorce—that their marriage was never valid in the first place or is at least voidable by one who wishes the marriage not to be recognized. Not only are there…
How to Calculate income in California Divorce Cases How do you figure out what someone earns? In California family law cases, this is information that is absolutely necessary to calculate guideline child support and guideline spousal support. In most cases, it is sufficient to just look at the person’s pay the past 12 months, but…
The Consequences of Domestic Violence in California Despite what public events have told us about the availability of firearms in the United States, the family courts in California have extremely strict laws regarding guns – at least when it comes to domestic violence matters. A person served with a domestic violence restraining order – even…
If one parent interferes with another parent’s visitation, may she be punished by a reduction in child support? The answer is no, according to a decision by the California Court of Appeal in San Diego. Ruling 3-0, the justices reversed a trial court’s January, 2019, decision to use a 29 percent timeshare when calculating retroactive…
California Justice Removed From Bench for Sexual Harassment In a first, the California Commission on Judicial Performance has removed an appeals court justice, citing a history of sexual harassment involving multiple victims. Justice Jeffrey Johnson becomes the first appellate judge in California history to be removed from the bench, although he can appeal the decision…
Woman Accuses California Man of Rape and Other Misconduct But Loses Bid for Domestic Violence Restraining Order Although, as I said several blogs ago, there seems to be a trend in California towards affirming judges who grant restraining orders and reversing those who deny them, the California Court of Appeal just affirmed a trial judge…
The Third Time is the Charm Two wrongs don’t make a right, but at least in a recent California domestic violence case, three appeals justices saw it differently. Usually in domestic violence cases, a judge is not allowed to issue a restraining order against both sides by not saying who is at fault and simply…
California Justices Say Man can talk about his Divorce on Facebook Are you allowed to talk about your California divorce case on social media? After a published case from the Court of Appeal, the answer apparently is yes unless the judge restricts you from talking on social media about the divorce to your own children…
Does Your English Count? Does your ability to speak English affect your right to child custody or visitation. No, says the California Court of Appeal in a recent San Diego family law case. In this case, entitled S.Y. v. Superior Court, the appeals court ruled 3-0 that the trial judge was wrong to rely on…