Last week’s $1.5 billion Powerball jackpot created a frenzy like no other as people rushed out to buy their tickets for a shot at riches, the likes of which most of us can’t even fathom. There is no doubt that the frenzy and constant discussion of the billion dollar jackpot…
Dividing pensions and retirement plans can be a very complicated aspect of divorce. The rules that apply to social security benefits do not make things any less complicated. Pension and retirement plans acquired during the marriage are community property just like any other community property. Pensions and retirement plans usually…
There is a saying I use when talking to clients about difficult issues in Family Law Case; “The word ‘fair” only appears in the Family Code in a discussion about attorney fees.” The stark reality is this…Family Law is not fair. It can be equitable and it can be reasonable,…
Currently American investors are seeing significant losses in the market. For most Americans the effects are being felt in their 401(k) accounts or mutual funds. (Hence the 401(k) to a 201(k) joke…I know it’s not very funny). In the long term, this downturn is just part of the market cycle,…
Under federal law, every single state is required to have a formula that determines the correct amount of child support that should be awarded. California is no exception. The California Guideline Child Support Calculator is based on California Child Support Guidelines and can be used to estimate the amount of…
A recently published case from the California Court of Appeal clarifies precisely what conduct can justify a restraining order. It also clarifies that significant past acts of physical abuse alone can justify a restraining order. In Rodriguez v. Menjivar , there was significant testimony regarding domestic violence. The petitioner (“Rodriguez”)…
I have blogged in the past about tips for co-parenting, how to talk with your attorney, and any number of other ways to address child custody issues in the Family Court system. With the presidential primaries heading towards the Iowa caucuses, I thought I would do a blog called “Going…
The definition of domestic violence is best summed up by the National Coalition Against Domestic Violence (“NCADV”). According to NCADV, Domestic Violence is defined as “the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one…
I handle a lot of child custody cases. That is not surprising since I am a Family Law Attorney, but I have many colleagues that simply do not handle custody cases at all. They will either bring in co-counsel to handle the case or not accept the case entirely. Handling…
Kelly Rutherford’s heart wrenching custody battle over her two children, aged 6 and 9 years old, made headlines again last month as a Judge in Monaco ruled that the children were to stay there with their father and that Rutherford was no longer allowed to bring them to the United…