Determining guideline child support has always been a challenge when one of the parents is self-employed. Most self-employed parents will understate their real income by showing as many business deductions as possible either in their schedule C if they are a sole proprietor or in their Form 1120S if they are an S Corporation. The…
Many spouses in California enter into a marriage thinking that having a fully executed premarital agreement is a “bullet proof” way of protecting their assets in case of a divorce in the future. However, it is not as simple as that. Although a premarital agreement offers some protection, the court needs to make certain findings…
In the absence of a premarital agreement, the general community property presumption under California family code section 760 controls which provides “ ….all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.” Family Code §760. This becomes a problem if you are…
This is a common question among people contemplating divorce in California when the other spouse does not live in the state. The California Courts has the power to grant a divorce, annulment, or legal separation if either party is domiciled in the state. Domicile is where a person lives and intends to remain. However, there…
California Family Code section 4504 allows a noncustodial parent to be credited towards their child support obligation for the amount of federal government payments they are receiving on behalf of the child. The payments that qualify for this credit include: Social Security retirement or disability benefits Railroad Retirement benefits Department of Veterans Affairs benefits To…
California Family Code section 4504 allows a noncustodial parent to be credited towards their child support obligation for the amount of federal government payments they are receiving on behalf of the child. The payments that qualify for this credit include: Social Security retirement or disability benefits Railroad Retirement benefits Department of Veterans Affairs benefits To…
You and your spouse may have gone through a lengthy and contentious divorce proceeding. This is usually the most difficult period of a person’s life. Finally, time heals all pain. You and your spouse get tired of bickering and being mean to one another that you both decide to compromise each other positions and resolve…
Family Code 3011 represents a significant development in family law, specifically addressing cases where there are allegations of a history of abuse by one parent. When allegations of abuse have been brought to the attention of the court and the court makes an order for sole or joint custody o unsupervised visitation to that parent,…
Family Code 3011 represents a significant development in family law, specifically addressing cases where there are allegations of a history of abuse by one parent. When allegations of abuse have been brought to the attention of the court and the court makes an order for sole or joint custody o unsupervised visitation to that parent,…
This is a common question among people contemplating divorce in California when the other spouse does not live in the state. The California Courts has the power to grant a divorce, annulment, or legal separation if either party is domiciled in the state. Domicile is where a person lives and intends to remain. However, there…
This is a common question among people contemplating divorce in California when the other spouse does not live in the state. The California Courts has the power to grant a divorce, annulment, or legal separation if either party is domiciled in the state. Domicile is where a person lives and intends to remain. However, there…
You and your spouse may have gone through a lengthy and contentious divorce proceeding. This is usually the most difficult period of a person’s life. Finally, time heals all pain. You and your spouse get tired of bickering and being mean to one another that you both decide to compromise each other positions and resolve…
In the absence of a premarital agreement, the general community property presumption under California family code section 760 controls which provides “…. all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.” Family Code §760. This becomes a problem if you are…
You and your spouse may have gone through a lengthy and contentious divorce proceeding. This is usually the most difficult period of a person’s life. Finally, time heals all pain. You and your spouse get tired of bickering and being mean to one another that you both decide to compromise each other positions and resolve…
California Family Code section 4504 allows a noncustodial parent to be credited towards their child support obligation for the amount of federal government payments they are receiving on behalf of the child. The payments that qualify for this credit include: Social Security retirement or disability benefits Railroad Retirement benefits Department of Veterans Affairs benefits To…
You and your spouse may have gone through a lengthy and contentious divorce proceeding. This is usually the most difficult period of a person’s life. Finally, time heals all pain. You and your spouse get tired of bickering and being mean to one another that you both decide to compromise each other positions and resolve…
There is never the perfect time to think about who you would like to inherit from your estate in case you pass away or at least who among your closest friends (BFFs) and family members are even deserving of inheriting from your estate. In doing so, you should also think about which vehicle you plan…
There is never the perfect time to think about who you would like to inherit from your estate in case you pass away or at least who among your closest friends (BFFs) and family members are even deserving of inheriting from your estate. In doing so, you should also think about which vehicle you plan…
THE high cost of living in California and over regulation has made a lot of parents evaluate whether to move out of state. The most common states that people move to are Texas, Arizona, Nevada, or Florida where the cost of living is lower and taxes are less or non-existent. However, if a parent with…
Family Code 3011 represents a significant development in family law, specifically addressing cases where there are allegations of a history of abuse by one parent. When allegations of abuse have been brought to the attention of the court and the court makes an order for sole or joint custody o unsupervised visitation to that parent,…
Family Code 3011 represents a significant development in family law, specifically addressing cases where there are allegations of a history of abuse by one parent. When allegations of abuse have been brought to the attention of the court and the court makes an order for sole or joint custody o unsupervised visitation to that parent,…
THE high cost of living in California and over regulation has made a lot of parents evaluate whether to move out of state. The most common states that people move to are Texas, Arizona, Nevada, or Florida where the cost of living is lower and taxes are less or non-existent. However, if a parent with…
THE high cost of living in California and over regulation has made a lot of parents evaluate whether to move out of state. The most common states that people move to are Texas, Arizona, Nevada, or Florida where the cost of living is lower and taxes are less or non-existent. However, if a parent with…
Generally, in California, property acquired by a spouse prior to marriage is considered separate property under family code section 770 while those acquired after marriage are considered community assets under family code section 760. How do you characterize real property purchased prior to marriage but with the mortgage principal paid down using community income or…
Generally, in California, property acquired by a spouse prior to marriage is considered separate property under family code section 770 while those acquired after marriage are considered community assets under family code section 760. How do you characterize real property purchased prior to marriage but with the mortgage principal paid down using community income or…
The impact of new requirements on frivolous domestic violence restraining orders California Family Code Section 6344 provides a mechanism for the prevailing party in a domestic violence restraining order (DVRO) proceeding to seek attorney’s fees and costs. The recent amendment to this section introduces a new requirement, stating that the DVRO must be found to…
The impact of new requirements on frivolous domestic violence restraining orders California Family Code Section 6344 provides a mechanism for the prevailing party in a domestic violence restraining order (DVRO) proceeding to seek attorney’s fees and costs. The recent amendment to this section introduces a new requirement, stating that the DVRO must be found to…
California Family Code section 4504 allows a noncustodial parent to be credited towards their child support obligation for the amount of federal government payments they are receiving on behalf of the child. The payments that qualify for this credit include: Social Security retirement or disability benefits Railroad Retirement benefits Department of Veterans Affairs benefits To…
California Family Code section 4504 allows a noncustodial parent to be credited towards their child support obligation for the amount of federal government payments they are receiving on behalf of the child. The payments that qualify for this credit include: Social Security retirement or disability benefits Railroad Retirement benefits Department of Veterans Affairs benefits To…
When a parent dies, the surviving parent sometimes cuts off their children from the deceased parents family and grandparent. The children relationship with the grandparent from the deceased parent may be severed by the surviving parent. This can be especially difficult for young children, who may have had a close relationship with their deceased parent’s…
