The “Immaculate Extension”, I am still in a football frame of mind. After all, it was last month that the Super Bowl was played. So pardon me for using a pigskin metaphor, but the first thing I thought of when I recently learned that the Internal Revenue Service had extended the deadline for tax filing…
In California, Family Code section 6305 prevents a court from granting dueling restraining orders unless the court takes extra steps. Specifically, “the court shall not issue a mutual order enjoining the parties from specific acts of abuse” without “making detailed findings of fact indicating that both parties acted as the primary aggressor and that neither…
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…
Judge Reversed for Awarding 50 percent visitation in Domestic Violence Case When a California family law judge issues a domestic violence restraining order, the person being restrained is not allowed to have sole –or even joint—custody of the parties’ children – unless that restrained person overcomes the presumption contained in Family Code section 3044 that…
The Dos and Don’ts of California Spousal Support Orders Must a California divorce judge make express findings on each of the factors to be considered in ordering spousal support (the “4320 factors”)? Not necessarily as we learned in a recent California Court of Appeal case. The case, In re Marriage of Tal Kahan and Scott…
The Consequences of Domestic Violence in California Divorce Cases What does domestic violence have to do with child custody? At least in California, the answer is “a lot”. We learned this once again recently when the California Court of Appeal, in a case called Noble v. Superior Court, granted emergency relief in a divorce case…
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…
How Does Depreciation Affect Child Support in California Divorce Cases? California requires its courts to calculate child support in divorce cases by looking at the number of children the couple have; the percentage of time each parent has responsibility for the children; and the income of each parent. With computerization, the task seems pretty easy.…
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…
