Articles Posted in Judgment

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Child support in California can be very complicated and the changed circumstances rule is one of the reasons why. The changed circumstances rule requires a court to deny a request to modify child support if the court determines that there was no material change in circumstances since the time the last child support order was made.

First, let’s go over some basics. California, like every other state, is required to have a Guideline formula to determine what the proper amount of support should be. The Court is required to follow the Guideline, absent a few very narrowly construed exceptions (See Family Code section 4059). If a child support order is determined to be “above Guideline,” i.e. more than what the formula would provide, that child support order cannot be subsequently changed unless there has been a material change of circumstances. However, if a child support order is determined to be “below guideline,” no change of circumstances is required to increase that order to a Guideline order. Continue reading

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Some family law litigants (and even some attorneys) may think an appeal is just a “do-over” of what happened at the trial level. However, trials and appeals are two very different proceedings.  In this post, we will address one of the most fundamental differences between proceedings at the trial level and proceedings at the appellate level – How does each court deal with findings of fact?

Trial courts ask: “What are the Facts?”

It is not unheard of for a family law trial to last several days, or even several weeks. However, the oral argument on an appeal of a week-long trial will almost never exceed 30 minutes and usually doesn’t impact a case. So, why is that?

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We have written several blogs about the date of separation and its importance to a dissolution action. In some cases, the date of separation can be the most critical issue in a case. The reason is the date of separation can be a significant factor in determining how long spousal support will last , or whether a particular piece of property is separate or community. If you Google “date of separation,” your web browser will retrieve dozens, if not hundreds, of articles on this topic.

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The question of a party’s income available for support has been the scourge of many attorneys and forensic accountants for a long time. It is a difficult and evolving issue, with new cases coming out honing and refining the interpretation of Family Code section 4058. Below, we take a look at a few common topics that are raised in child and spousal support cases.

Inheritances

If one party gets a seven figure inheritance from Great Aunt Birgit, is that income available for support? This was the question raised in County of Kern v. Castle. The Court determined that inheritances are not income available for the purposes of child support. Continue reading

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For anyone in the middle of a divorce case – which I imagine is most of the readers of this blog – reaching the finish line of your case may seem like an impossible dream.  I am here to tell you it happens every day and it will happen for you.  What is not often discussed is what happens once your Judgment of Dissolution is filed.

Notice of Withdrawal

Your attorney will prepare a document titled Notice of Withdrawal of Attorney of Record.  This is a form that puts the court, the other party, and the world at large on notice that you are no longer represented by an attorney.  These forms can only be filed when a case has concluded and gone to Judgment or final order.

Despite the name, your attorney is not abandoning you; in fact your attorney is trying to protect you by filing the form.  Family law is unique in that we have post Judgment motions and discovery.  These can be requests to modify support orders or to change child custody orders. If a motion of this type is filed post Judgment, if I am your attorney of record, then it is possible to serve that motion on me and my office.  If I have moved offices or retired by that point, you may never know a motion was filed and could end up in trouble or without support because you did not even know there was a hearing.

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In family law we spend a good deal of time talking about court orders.  There are orders for child support, orders for spousal support, custody orders, and orders for the payment of attorney fees.  Getting more specific, all of the aforementioned orders can either be interim orders (also called temporary orders) or they can be final orders. The point of this blog is to discuss court orders in a family law context and to provide some basic understanding of how, why, and when they are made.  This is only a basic discussion of orders, a topic that can be very complex.  For this reason, you should speak with a qualified family law attorney about your specific case so you can be certain you fully understand your rights. Continue reading

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For years, Christina Estrada’s life read like a fairytale; former international supermodel fell in love with a billionaire Saudi Arabian sheikh, raising a daughter and sharing a mansion in the British countryside with an unlimited monthly budget to spend on whatever their hearts desired. She is quoted describing her married life as “magical.” Unfortunately, just as with most fairytales, the magic came to an end and reality set in when the sheikh obtained a divorce in 2014 in Saudi Arabia, under Islamic law, without Christina’s knowledge. And that was AFTER he had already married a 25-year-old Lebanese model, without Christina’s knowledge…and obviously while he was still married to her.

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One of the most frequent complaints I hear from family law litigants is the length of time it takes to finalize their divorce. Some of the fault for this complaint is institutional while a good deal of the time it takes to finalize a divorce is a result of each case’s unique issues. In this blog I want to discuss some of the institutional reason why divorce cases take time to resolve.

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On October 7, 2015 news broke that the richest man in Illinois, hedge fund manager Ken Griffin, came to a settlement in his divorce from Anne Dias Griffin. The two had entered into a prenuptial agreement (also referred to as a “prenup” or “premarital agreement”) prior to their marriage in 2003. They have three young children together.

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One asset to be divided in many divorces is a marital residence that the parties lived in during marriage. During or shortly after a divorce, the marital residence may have to be sold because neither party can afford to keep up with the house payments and associated expenses alone. Or, depending on the parties’ financial situation, the parties might be able to work out a plan in which one party gets to stay in the marital residence post-divorce. If this is the case, typically the party remaining in the marital residence will have to “buy-out” the other spouse’s interest in the house. This situation often occurs when the parties to a divorce have one or more minor children still living at home. If the marital residence is not sold pursuant to a divorce agreement and instead one party remains there post-divorce then a little home makeover might be necessary to make it feel like “home” again.

A home makeover is a great way to start fresh after a divorce and help you move on from your marriage. If your house looks the same way it did when both you and your ex-spouse were living there together then it will probably be a lot harder to move on because you will have constant reminders of your ex and your marriage. The half empty closet, unused drawers and empty spaces on the walls where your wedding photos once hung will only serve as constant bitter reminders of what is now gone. Whether you are happy or sad about the divorce, those constant reminders need to go away in order for you to have a happy and healthy fresh new start at life.

The first step in a post-divorce home makeover is to fill all of the open space. You might not have excess funds to go out and buy new things, especially right after your divorce. So instead of getting new things to fill the empty void, simply reorganize and utilize all of your space with your current belongings. In order to cover up the holes in the wall from where your wedding photos once hung, try your hand at painting the wall a new color or putting up some new wall decor.

Another home makeover tip to cure the post-divorce blues is to make your bed a comfortable space for just you. Perhaps you got used to sleeping on just one side of the bed. Well now that the bed is all yours, get rid of the old sheets and pick out new sheets and a comforter that fits your new style. And add some extra pillows to help make the bed feel smaller when you are in it alone. A home makeover can be just the right thing to get you started on a new YOU after divorce!
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