Regular Visitation Schedule Versus Holiday Visitation Schedule

The child custody and visitation schedule that results from a Dissolution of Marriage is often described as the “Regular Visitation Schedule.”  If parents choose to, they also have the option of entering a separate “Holiday Visitation Schedule”.  If parents choose to have both of these schedules, it is important to know that the Holiday Visitation […]

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What is the Effect of Death of One Spouse prior to Entry of Judgment?

Pursuant to Family Code Section 310(a) a marriage is dissolved by the death of one party.  Additionally, one party’s death divests the Court of all further jurisdiction with respect to all unajudicated issues raised by the pleadings including child custody, child visitation, child support, property rights and attorney fees and costs.  Marriage of Shayman (1973). […]

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When We Don’t Agree, Does the Court Have to Follow the Child Support Guideline?

As every parent with a California child support case knows, Court orders must adhere to the Statewide Uniform Guideline as set forth in Family Code ྷ4055; unless the Court finds that the Payor has a net (take home) pay of $1,500.00 or less per month (reduced to $1,000.00 per month in 2021) or one of […]

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Family Gifts and Loans, Who Cares?

The term “family assistance” may produce thoughts of government aid to the poor.  However, in Family Court it often means gifts or loans made by parents to their adult children who are now getting divorced. Family Code Section 770 (a)(2) tells us that all property that a married person acquires by “gift” is separate property.  […]

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Are Defamatory Statements Privileged in Divorce Actions?

Defamatory statements often occur  in the context of judicial proceedings.  If such statements could be the basis for an action for damages against parties and witnesses, this would deter parties and witnesses from participation in the judicial process.  In order to ensure access to the legal process and encourage effective litigation through free communication, the […]

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Spousal Support and Immigration

Family Law has been described as being similar to General Practice because it can interact with other specialties of law such as real estate, retirement, estate planning, income tax, criminal law and bankruptcy to name a few. Another interaction is with Immigration Law. One such case is In Re Marriage of Kumar (2017) 13 Ca […]

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