Attorneys Specializing in Divorce and Paternity The recent case of Irmo Wilson & Bodine, (2012) (filed July 2012) presents an interesting cross-issue between paternity and divorce matters. Recall that there are typically two mechanisms in which to file a lawsuit for child custody orders, filing a Petition to Establish a Parental Relationship (called a paternity case) and Petition for Dissolution… READ MORE
Modification and Requests to Extend Spousal Support Orders
California Family Law Specialists in Spousal Support Issues In the recent case of Irmo Khera & Sameer, (2012) (filed from the 6th Dist. on June 19, 2012), the Court of Appeal decided on several important issues having to do with post-judgment modification requests to extend spousal support beyond an agreed upon time. Husband’s dissolution petition was filed in 2003. The… READ MORE
When is a Joinder in a Family Law Case Appropriate?
In family law cases (as well as “civil” cases generally), either party is allowed to request that the court “join” someone or some entity to the family law case. When the court “joins” a person or entity to a case it has the effect of that person/entity becoming a party to the case. In a recent unpublished opinion from District… READ MORE
Final Declaration of Disclosure in Divorce Needed for Discovery
What is A Declaration of Disclosure? All divorce cases filed in California require the exchange of “Declarations of Disclosure.” The Declarations of Disclosure are financial disclosures that each party to a divorce case must provide to the other side, and they consist of an Income & Expense Declaration as well as a Schedule of Assets and Debts. Those documents are… READ MORE
Termination of Parental Rights for Non-Presumed Father
The determination of the fitness of a “Kelsey S. father” to parent his child must be based upon the statutory standards found in Family Code sections 7820 through 7829. The paternal rights of a “Kelsey S.” father, including the right to withhold consent to an adoption, cannot be terminated unless he is found “statutorily unfit under section 232 [now Fam.… READ MORE
Watts Charges: What Constitutes Exclusive Use and Possession?
Husband’s presence in wife’s residence a couple of days per week simply to wash his clothes did not legally or factually diminish the wife’s exclusive possession and control of the residence. In Irmo Carlos, an unpublished opinion of District 2, Division 6 (Filed January 4, 2012), Wife filed a petition for dissolution in 2006 after 42 years of marriage. In 2007, the court entered… READ MORE
Modification of Child Custody Orders Warranted after Therapy Completed
An increased timeshare and the completion of a period of therapeutic visitation is a change of circumstance that does warrants new custody and visitation orders. In Irmo Afar, (an unpublished opinion of District 3, filed September 19, 2011), a March 2005 judgment awarded Mother sole legal and physical custody of the parties’ two boys. Mother lived in Philadelphia, Pennsylvania and Father… READ MORE
Tracing Separate Property can be a Difficult Task
California Upholds Strict Tracing Requirements for Reimbursement Claims In every California dissolution (divorce) proceeding, the court is required to divide the parties’ community property estate. The community estate includes the property acquired by either party during the marriage with several exceptions. Inheritances, for example, are not part of the community estate. In the division of the community estate, unless a party signs… READ MORE
Small Business Valuations in Divorce Cases
San Diego Divorce Lawyers – Recent Case Law Involving Comparable Sales Approach to Business Valuation In the recent, unpublished matter of IRMO Price & Turkanis, (Dist. 2, Division 8, Filed May 11, 2011), the Court of Appeal affirmed the trial court’s use of a comparable sales approach to value a community property business. In this case, the husband owned 78%… READ MORE
Severance, Bonus Payments and Child Support
Severance Payment Should Not be Considered as One-Month’s Compensation for Child Support Guideline In the recent matter of IRMO Tong & Samson, (filed July 5, 2011), the Court of Appeal held that a parties’ receipt of severance pay should not be considered as one-month’s pay for purposes of calculating guideline child support. In the Tong matter, the parties separated after… READ MORE