Support Modifications

Because all families go through changes over time, requests for modifications to support orders are common.  Whether you are seeking a modification or opposing one requested by your spouse, a family lawyer can significantly improve your chances of success. Continue reading

What is a DCSS Hearing?

A DCSS hearing is an administrative hearing conducted by the state during which you have an opportunity to present evidence and argument regarding your dispute with your Local Child Support Agency.  While some people choose to handle DCSS hearings themselves, others choose to hire a family lawyer to advocate their rights. Continue reading

Why is the Date of Separation Important?

Property acquired by either spouse during marriage but after separation is ordinarily the acquiring spouse’s separate property.  If you have property that you believe is your separate property, it is important to make sure that the court will also view your current status as separated.  If the court does not consider the you separated, the property is considered community property and will be divided equally. Continue reading

What is the Difference Between Temporary and Permanent Spousal Support?

Temporary spousal support is intended to enable the recipient to live in his or her accustomed manner pending the outcome of the dissolution.  In calculating temporary spousal support the court will use a computer program where data is imputed to show how much support the recipient is entitled to.  The court does not consider the California Family Code Section 4320 when calculating temporary spousal support.  Continue reading

Determining an Award of Spousal Support in California

Ten Years of Marriage is the Benchmark for Determining an Award of Spousal Support in California

A ten-year marriage will most likely result in one of the parties in a divorce receiving spousal support in California. And, for the most part, the spouse who earns the lesser of the couple will be awarded spousal support in accordance with the California’s statute that requires the standard of living of the couple as a married entity be considered when determining if spousal support is appropriate or not. Consequently, if the higher- earning spouse of a ten-year marriage can pay, spousal support (alimony) is a real consideration in the divorce settlement. Continue reading

Spousal Support in California

Spousal support, sometimes referred to as alimony, is awarded at the Court’s discretion in California. This means that the judge who presides over your divorce will ultimately decide whether or not spousal support will be awarded as well as the amount and duration of that spousal support. Continue reading

Did You Know It’s Possible to Lose Custody of your Daughter Over Sandwiches?

Last week a pregnant woman in Honolulu lost custody of her daughter because of sandwiches. Twenty Eight year old Nicole Leszczynski was shopping at the local Safeway Grocery Store and got hunger pains while shopping. Nicole and her husband each decided to have a sandwich and planned to pay for it when she checked out at the register. Continue reading

California Child Custody Laws

Child custody issues are probably the most difficult issues to resolve in a divorce proceeding. Not really a part of the breakup of a family, children are often the ones who suffer the most emotional pain when a California couple decides to call it quits. And, unfortunately, for most families, California law and the court system ultimately have the last word in child custody disputes. Continue reading

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