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Category: Divorce

Hardship Deductions in California Child Support Cases

on July 26, 2019Posted in Child Support,Court,Divorce,Family Law

Are you having trouble paying your child support order? Depending on your financial circumstances, you may be entitled to a deduction. First, we have to acknowledge that California child support uses a “Guideline” calculation. The Guideline takes into consideration the number of children, both parties’ income, certain deductions from income, and the proportion of time… read more

Expedited Custody and Visitation Orders in San Diego Family Court

on July 11, 2019Posted 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?

on May 28, 2019Posted 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

Have you heard about the new spousal support tax rules?

on April 10, 2019Posted 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

My future-ex is filing bankruptcy! What does this mean for our divorce?

on May 9, 2018Posted in Divorce

On occasion, one party of the other may file bankruptcy while their dissolution is underway. This can cause some confusion. What happens when one spouse files a Chapter 7 Bankruptcy in Federal Court while your dissolution case is moving forward in the California Court? 2 Different Courts Bankruptcy proceedings are controlled by federal law, specifically,… read more

Lisa Marie Presley and Michael Lockwood – An Example of Family Code § 2030 Attorney Fee Analysis

on March 6, 2018Posted in Attorney Fees,Divorce

In divorce cases, a frequently and hotly contested issue is whether one party should pay the other’s attorney’s fees (and how much). There are many specific California code sections that speak to how a judge should decide this issue, but one of the most often used code sections is Family Code Section 2030. (Fam. Code,… read more

California Divorce Statistics by County

on July 13, 2017Posted in Divorce

Divorce Rates Within California: How Does Your County Compare? While divorce rates have gradually gone down over the past twenty to thirty years, it still tends to be a very popular topic of conversation. Recently, many articles have come out disputing the very common belief that 50% of all marriages end in divorce. While there… read more

I received a Smith / Ostler order in my divorce – What type of income does it include?

on June 21, 2017Posted in Divorce

The most common court-ordered spousal support (alimony) and child support comprises of a monthly payment of a set amount for a set amount of time. For both spousal support and child support, the amount is based, in part, on a review of both parties’ income at the time the order is made. But what about… read more

What is Dissipation of Assets in a San Diego Divorce?

on June 12, 2017Posted in Assets,Divorce

A 2016 Forbes article discussed the term “dissipation of assets” in reference to getting a divorce. One of the most common ways to avoid paying a spouse is to dissipate, or squander, assets. This is intentionally done to prevent a spouse from getting his or her fair share of marital property in a divorce settlement…. read more

Protecting Your Finances During San Diego Divorce Season

on May 22, 2017Posted in Assets,Divorce,Divorce Articles

According to a March 2017 article in the Atlanta Journal Constitution, divorce in the United States consistently peaks from March to August. Researchers claim that the aftermath of Christmas along with summer holidays often play a vital role in motivating individuals to file for divorce during these months. Researchers typically refer to these months as… read more