Spend any time watching American television or movies and you will witness scenes filmed inside a Courtroom. Sometimes they are filmed in a soundstage and other times in an actual Courtroom. No matter the location they convey the same message. Everything else failed in a case and now it is…
According to section 215 of the Internal Revenue Code, spousal support (otherwise known as alimony) is generally taxable income to the payee and tax deductible to the payor. However, if payors aren’t careful, they may inadvertently agree to support arrangements that are not deductible. Retroactive Support In California, the Court…
One of the first things you’ll see on the Family Law Summons is the Automatic Temporary Restraining Orders (called “ATROS”). These orders issue automatically upon the filing and service of the Petition. One of the ATROS states that neither parent is allowed to take the children out of the State…
In a recent article on the CBS news website, California was listed as the most expensive state to get a divorce. California has the highest filing fee in the nation ($435) and at $402 per hour, California has the third-highest average hourly billing rate in the U.S – only Connecticut…
This past holiday season I noticed a lot of commercials pandering to the coffee aficionado in all of us. Everything from the new Keurig to the admittedly hilarious George Clooney and Danny Devito commercials for Nescafé. Personally I love coffee; all kinds of coffee. So the idea of creating new…
I was at a seminar this weekend about the all of the new cases that were decided in 2015. The moderator of the seminar made a joke about the theme of 2015 for the Court of Appeal in California. That theme was “play nice.” Now to be clear, the moderator…
Madonna and Guy Ritchie’s 15 year-old son Rocco made headlines recently after he decided that he wanted to live with his dad in London and then refused to return to see his mom in New York for the holidays. Madonna ran into court just before Christmas, where the judge ordered…
Family Code section 3170 requires that parties to a child custody or visitation dispute attend mediation first. In San Diego County, we call this Family Court Services mediation. This process has different names in other counties. For example, in Riverside County, this is referred to Child Custody Recommending Counseling. San…
As one Court appropriately put it, granting a parent’s request to move out of the county “is one of the most serious decisions a family law court is required to make.” The ramifications of the decision will undoubtedly affect both parents involved and their children for the rest of their…
Previously, we discussed the basics of the Moore/Marsden calculations, which is how the Court determines the community interest in the home when community funds pay down mortgage principal of a separate property home. The Moore/Marsden formula provides for the community to receive not only a reimbursement for principal paydown, but…