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Our Blog

Expedited Custody and Visitation Orders in San Diego Family Court

Posted on July 11, 2019 in Child Custody,Court,Divorce,Family Law

Expedited Custody and Visitation Orders in Family Court Family Court cases often involve emotional disagreements over how parents are going to split parenting duties – Will custody be shared? If not, who has custody? What schedule will the parents and children follow from day to day? Who will be responsible for dropping them off at… read more

Will the Court Consider Your New Spouse’s Income in Deciding Whether to Modify Spousal Support?

Posted on May 28, 2019 in Alimony,Divorce,Family Law,Spousal Support

In California, permanent spousal support ordered at the end of a divorce can be modified by a judge in the future if there is a change in circumstances (absent some exceptions we won’t consider here). Now, what will be considered a change in circumstances is, effectively, specific to each case. Hopefully, there is a clear… read more

Should my fiance’ have an attorney to sign our premarital agreement?

Posted on May 6, 2019 in Prenuptial Agreement

Should my fiancé have an attorney to sign our premarital agreement? The importance of each party being represented by their own attorney is essential. This allows both parties to become informed about their rights and obligations. Premarital agreements set forth rights to property and support – which may greatly alter ones legal rights absent an… read more

How do people beat a prenuptial agreement?

Posted on May 6, 2019 in Prenuptial Agreement

How do people beat a prenuptial agreement? There are several ways a party can argue a Prenup should fail. California Family Code Section 1615 is titled, Unenforceable Agreements; Unconscionability; Voluntariness. This code section sets out the primary ways a premarital agreement may be set aside. Look first to see if they were not provided sufficient… read more

Prenuptial Agreements

Posted on April 12, 2019 in Prenuptial Agreement

Prenuptial agreements are becoming an increasingly common and are no longer thought of as being for individuals who own lots of property, operate a successful business, or earn a considerable income. Prenuptial agreements (also known as a premarital agreement) are a way for parties before they get married to understand their rights and set forth… read more

Have you heard about the new spousal support tax rules?

Posted on April 10, 2019 in Alimony,Divorce,Divorce Articles,Spousal Support,Taxes

Tax day is almost here! If you are getting divorced, you might not know about this newly applicable tax rule on spousal support (alimony). Effective January 1, 2019, Section 11051 of the Tax Cuts and Jobs Act repeals the tax code section that formerly allowed the payor of spousal support to deduct the same amount… read more

Have you heard the truth about the new spousal support tax rules?

Posted on November 20, 2018 in Taxes

Effective January 1, 2019, Section 11051 of the Tax Cuts and Jobs Act repeals the tax code section that formerly allowed the payor of spousal support to deduct the same amount (dollar for dollar) from their income when reporting taxable income. The deductibility of spousal support has historically been a significant tax benefit to payors,… read more

Prenups and Private Judging

Posted on October 19, 2018 in Prenuptial Agreement

This TMZ story reports that celebrities Chris Pratt and Anna Faris have signed divorce documents. (Source: https://www.tmz.com) There are two aspects to this celebrity divorce article that might not stick out to a casual reader, but that deserves a little more attention and discussion. First, Chris Pratt and Anna Faris had a prenuptial agreement. Prenuptial… read more

Dog Law

Posted on October 9, 2018 in Firm News

Over the years, many of my divorce clients are eager to ask me the question: What is going to happen to our dog (or cat, or other pets)? This situation arises when a couple adopts or purchases a dog during the marriage, and then they divorce. Since the dog is community property, it is subject… read more

The Income and Expense Declaration – Why is this a big deal?

Posted on September 4, 2018 in Family Law

Whenever the Court makes any type of order, regardless of the type of case, the Court must rely on admissible evidence. In Family Law cases, especially when dealing with child or spousal support, this evidence is often contained in the Income and Expense Declaration (FL-150.) The Income and Expense Declaration is a mandatory form, which… read more