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Articles Posted in Post-Judgment Modification

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Child Support When Both Parents Care for the Child Equally

The other day I was asked, “Why do I need to pay child support to my ex-wife if we care for our children equally?”  This is a great question that requires some understanding of both California law and public policy.  At first blush it may seem unreasonable and unfair that…

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Spousal Support and Termination

One of the hot button issues in any divorce case is spousal support.  Standard questions that might float through a party’s mind include, but are not limited to, “what party will pay support?”, “how much support will I pay/receive?”, and “how long will I pay/receive support for?”  This blog will…

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My Divorce is Over, Now What?

Parties in the middle of a divorce often long for that light at the end of the tunnel when they can finally say that it is over!  Although it may seem like you will never reach the end, everyday parties are finalizing their divorce judgments and moving on with their…

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Modifying a Visitation Schedule

Although a divorce in California could be finalized in as quickly as six months, if the former spouses have children together they are stuck with each other for 18 years, and longer!  The truth is that child custody and visitation issues linger long after the final divorce papers are signed. …

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What is an Ex Parte Hearing?

It is no secret that the San Diego Family Law Courts are overutilized, overworked, and overbooked.  When a party files a motion with the court it can often take several months, or longer, to get a hearing date!  This can be frustrating for litigants who want to move their case…

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Support and Severance Pay

The  COVID-19 pandemic has disrupted all American’s lives and created a trickle-down effect upsetting aspects of our lives many did not originally anticipate.  Federal and State governments have blown the metaphorical whistle signaling the changing of tides and ordering the closure of stores, schools, government offices, and generally life as…

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Co-Parenting in the Time of COVID-19

The global spread of COVID-19 (a.k.a Corona Virus) is affecting millions and has been deemed by the United States government a national pandemic.  Both the Federal and California state governments are calling upon citizens to do their part in assisting with slowing the spread of this novel virus, which has…

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CHILD SUPPORT – IF IT IS FOR OUR CHILD, WHY IS THE PAYMENT GOING TO THE OTHER PARENT?

Family law courts across the nation adhere to “guidelines” and a statutory formula in determining appropriate child support awards.  In actuality, the “guidelines” provide mandatory requirements intended to create uniformity in the calculations of child support that are presumed correct. The guidelines take into account the general principles that (1)…

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Divorce Insurance

A new product has just come on the market that may have piqued your interest if you are going through a divorce: Divorce Insurance. That’s right, you read correctly, divorce insurance actually exists! A man named Richard Zizian, a legal educator and holder of a California Juris Doctorate (not a…

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Spousal Support Termination Under Family Code 4322

Termination of spousal support jurisdiction is always a highly contested issue.  The party paying support wants spousal support terminated as soon as possible, and the party receiving support would prefer support be paid forever. Which party will get what they want will depend on the facts of the case. At…

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