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Meaning of Cohabitation in Family Law Support Cases

Posted on July 10th, 2014

In a recent, unpublished case IRMO Wollard (2nd Dist., Div. 6, January 14, 2014), the California Court of Appeals heard a case involving a post-judgment motion relating to a former wife’s cohabitation with another man.  The case had to do with modification proceedings stemming from a spousal support order in a divorce judgment.  The parties judgment required the Husband to… READ MORE

Recent Changes in Post-Judgment Discovery in Divorce Cases

Posted on June 17th, 2014

Is Discovery Allowed After a Divorce Case is Completed?  Can I Conduct Discovery if a Post-Judgment Motion is Filed After a Family Law Matter has Ended?  What if I am Served with Discovery Demands After My Divorce Case Ends? These are many of the questions that we have answered over the years when people visit our office and have questions… READ MORE

For Our Attorney Colleagues – Conflict Check Software

Posted on March 7th, 2014

Valuable Resource for Attorneys – Client Conflict Check This article is for the many lawyer colleagues throughout the country that visit our website for useful information about family law.  There is an exceptional resource that has become recently available for attorneys to efficiently check for conflicts of interest. Client Conflict Check provides a cloud-based, extremely fast system that allows attorneys in… READ MORE

Imputed Income for Child and Spousal Support Based on Expenses

Posted on December 30th, 2013

Determining Child & Spousal Support by Attributing Income Based upon Family Expenses In the recent unpublished case of In re Marriage of Farida, decided June 25, 2013, the California Court of Appeal held that it was not an abuse of the trial court’s broad discretion to calculate child and spousal support by attributing income to the obligor, based upon family… READ MORE

Immigration Sponsorship Payments are Income for Child Support

Posted on December 30th, 2013

Child Support May Be Calculated Using Immigration Sponsorship Payments as Income In the recent unpublished case San Bernardino DCSS v. Gross, decided July 23, 2013, the California Court of Appeal upheld a child support judgment based on a non-custodial mother’s sponsorship money. The sponsorship money was paid to her by the children’s father’s parents, as contracted when she came to the… READ MORE

Failure to Disclose Assets in Divorce Cases

Posted on September 10th, 2013

SANCTIONS FOR NON-DISCLOSURE OF SEPARATE AND COMMUNITY PROPERTY DURING DISSOLUTION In the recent case of In re Marriage of Simmons, 215 Cal.App.4th (2013), the court interpreted Family Code § 1101, subsections (g) and (h). According to the statute, one party is entitled to sanctions in the event the other party fails to disclose assets. Under subsection (g), the aggrieved party… READ MORE

Importance of Effective Counsel in Family Law Cases

Posted on September 10th, 2013

INEFFECTIVE ASSISTANCE OF COUNSEL IN FAMILY LAW PROCEEDINGS In the recent case of In re Marriage of Campi, 212 Cal.App.4th 1565 (2013), husband and wife of a twenty-year marriage decided to separate, and then disputed over the dissolution of their marriage for the following seven years. The husband requested a community property home become his separate property. The parties agreed… READ MORE

Modifiability of Spousal Support Orders

Posted on September 10th, 2013

UNINTENTIONAL WAIVER OF THE ABILITY TO MODIFY A SPOUSAL SUPPORT ORDER In the recent case of In re Marriage of Hibbard, 212 Cal.App.4th 1007 (2013), the court refused to modify a spousal support order to an amount less than $2,000 per month, despite husband’s proven disability. The parties divorced in 2002, after thirty years of marriage. The husband served in… READ MORE

Does a Trial Court’s Jurisdiction To Make Child Support Orders Survive The Dissolution/Termination Of A Temporary Restraining Order?

Posted on March 16th, 2013

Yes. In the case of Moore v. Bedard (2013) ____ Cal. App. 4th ___, in 2006, Wife requested domestic violence restraining orders to protect her from Husband who is the father of their three children.  Her request for DVPO’s also asked for child custody, visitation and child support orders that would modify orders entered in 2002.  A TRO was issued… READ MORE

Can Child Custody Evaluator Or Evaluator’s Report Be Set Aside:

Posted on March 12th, 2013

In the recent case of Marriage of Adams & A, (2012) ___ Cal. App. 4th ___, on appeal, the Appellate Court determined that the Child Custody Evaluator (“Expert”) (i.e. Evid. Code 730 Expert) took a biased approach against the father evidenced through the recommendations of unreasonable burdens placed on the father to spend time with the child. The result of… READ MORE