Articles Posted in San Diego

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The rules of evidence can be challenging. Understanding it is a skill that must be honed and refined, which is what we try to do at Bickford Blado & Botros. In this blog, we will discuss two of the most important evidentiary privileges and their importance in family law cases: the physician-patient privilege and the psychotherapist-patient privilege.

Statements made from an adult to their treating physicians/psychotherapists are absolutely protected from privilege, unless the issue is tendered or waived. Continue reading

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You probably didn’t need to come to this web site to know that California has laws compelling parents to financially support their children. The reasons for this are obvious. When parents make the decision to procreate, they are financially responsible for that decision. I think we can all agree that the taxpayers shouldn’t have to foot the bill to support a child when one or both of that child’s parents can do so themselves. It should be no surprise then, that Family Code section 4053 holds that “a parent’s first and principal obligation is to support his or her minor children acceding to the parent’s circumstances and station in life” and that the “financial needs of the children should be met through private financial resources as much as possible.”

Did you know, however, that there is such thing as “parent support” in California too?

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It was recently reported that actor Jeremy Renner (best known for his lead in 2008’s The Hurt Locker and as Hawkeye in the Avengers movies) is refusing to pay his half of their daughter Ava’s preschool tuition.   Jeremy’s ex-wife, Sonnie Pacheco claims that she has asked for Jeremy to pay half of the $1,600 monthly tuition, but he has refused.   She also claims he has fallen behind on his child support payments to the tune of $48,367.  Now I have to admit I have never read Jeremy’s court orders, but I have a really good guess what order is he running afoul of.

In California, it is mandatory for the Court, when making child support orders, to allocate the costs related to the children’s uninsured medical expenses (e.g. co-pays, deductibles) and for the cost of child care so that a parent can work or go to school/training.  These are referred to as “mandatory add-ons” since the court is required to make them part of all child support orders.  Typically the cost of these expenses is split equally between the parents, but the court has discretion to allocate the cost however is most appropriate in light of the parties income and expenses.  So for example in Jeremy’s case above, if the court ordered that Jeremy and Sonnie were to split the cost of their daughter’s pre-school, then Jeremy would owe half of the $1,600 tuition or $800 each month.

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As much as Johnny Depp has tried to keep the happenings of his divorce from Amber Heard under wraps, the media continues to report as their story unfolds. The latest headlines from Johnny and Amber’s divorce indicate that the parties have each set depositions of the other, which may or may not be postponed. Regarding the depositions, each of their attorneys have made varying allegations about the other party. It appears that although Amber showed up for a previously scheduled deposition date, Johnny’s attorneys were unable to take testimony from her because she was in the next room room crying, pacing, screaming, yelling, and laughing the entire time. Of course Amber’s lawyers say that this is completely false. Amber’s “people” also stated that it’s “highly unlikely that Johnny will appear and cooperate” for his upcoming deposition.

It is unlikely that when you think of the divorce process, you associate it with the taking of depositions. That is because depositions may not be as widely used in family as they are in other areas of law, but even so, depositions can be a valuable resource in a contested divorce matter. The following are some facts regarding depositions as they relate to divorce proceedings.

 

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In Family Law, tracing is the method by which a party proves that funds in a particular account are, or were, used to acquire separate property.  Family Code section 760 holds that all property acquired during a marriage, regardless of source, is community property, it can sometimes be a difficult and expensive endeavor to try to perform a tracing. In California Family Law, there are three ways to prove a tracing: 1) Direct Tracing; 2) Exhaustion 3) Total Marital Recapitulation.

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There are so many reasons a client wants to remain in the family home after the divorce proceedings have been filed.  Often it is a custodial parent who wants to provide normalcy for their children.  Other times it is for financial or emotional reasons, or a combination of the three.  Whatever the reason, unless one party agrees to move out of the residence,  a court order will be required to exclude a party from living in the family residence.

Deciding who will remain in the residence at the beginning of a case is a problem nearly every family law litigant will face; requiring the assistance of the court in reaching that decision is far less common.  In most cases, one or both parties will decide to leave the family residence.  In these situations it is important to have a written agreement about who is leaving, who is staying, and how the expenses related to the residence are going to be paid.   These agreements are where most of the controversy lies, especially with regard to the payment of the expenses.  That is an issue that should be addressed in a separate blog.

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The psychological evaluation is often the most important document for a parent in a divorce case. Yet the manner in which psychologists create these reports is difficult to understand, even for many family lawyers. In this multi-part series, we will examine psychological evaluations, one of the most important tools the Courts use to determine custody and visitation. In this first part, we will discuss one of the most important questions when it comes to such evaluations: Why should I request one?

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As a cast member of the Real Housewives of New York, Jules Wainstein is no stranger to drama. Surprisingly though, Jules’ impending divorce from husband Michael Wainstein filed in June has already been deemed the most dramatic divorce in Housewives history. And while it may be the most dramatic divorce the show and its cast have ever seen, Jules’ situation is actually not all that uncommon out here in the REAL, real world.

According to all of the press that the couple has received as of late, it would seem that Jules caught Michael cheating on her with one of her close friends. At that point Michael was prompted to file a petition for divorce after their eight year marriage. Since then, numerous accusations of domestic violence have surfaced, along with recent pictures of police outside the couples’ apartment. Continue reading

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San Diego is home to a great many families who serve our country in the armed forces. However, as is often the case, members of the military are deployed for periods of time away from home and separated from their families. Deployment is stressful for families, but takes on an added dimension after a divorce when parties have crafted a parenting plan for their child. What happens to your parenting plan when you are deployed overseas?

The State of California has made it a matter of public policy to ensure that a parent who is unable to follow a parenting plan due to their deployment is protected. California Family Code Section 3047 states, in part, that being deployed for military purposes shall not be a reason for a modification of a parenting plan on its own. It further states that upon a parent’s return from deployment there is a presumption that the parties’ return to the pre-deployment parenting plan. Any changes to that plan would require a showing that a reversion in not in the best interests of the child.The courts have recently reiterated the importance of Section 3047 in Marriage of E.U. and J.E. which requires both a speedy resolution to custody matters for a parent returning from deployment and placing the initial showing on the non-deployed parent to show why a reversion is not in the child’s best interest. This ruling strengthens a deployed parent’s rights upon their return.
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Ask most family law litigants in San Diego County their opinion on the speed with which their divorce case progresses through the Family Court, and I promise you the results will not be positive. There are many different reasons divorce cases take so long to complete. Some are related to the parties or their case such as complex asset division, highly contested custody issues, or difficult litigants. Other issues the parties have no control over such as decreased court budgets resulting in less staff and an increased case load due to an increase in family law filings.

Recently the Connecticut House of Representative granted final legislative approval to a bill that would not only make the divorce process quicker but cheaper as well. To be eligible for the program, neither of the parties can be receiving Medicaid benefits or own any real estate. Neither part can have a defined benefit retirement plan (also called a pension), since dividing these plans complicates cases. It does not mention whether the parties can have a 401(k) plan (the most popular retirement plan offered by employers) and still qualify for the program. Finally, neither party can have a restraining order issued against them.

The goal of the new legislation is for divorces to be granted more quickly, leaving judges with more time to address contentious cases. This would help clear the calendars in the family courts and hopefully speed things up for the other litigants.

This is the same goal the One Day Divorce program in San Diego had when it launched in March 2014. We blogged about the program last year and explained the process. I encourage you to take a look at the blog if you have not read it already.

So, how is the One Day Divorce program doing a year later? Not surprisingly, it has been big success…and a popular one at that. The program has not released any data, but what I can tell you is I have heard great things about the program, and every time I walk by the One Day Divorce office it’s busy processing about five cases a day.

For more information about the One Day Divorce program, visit the San Diego Court website. From here you can complete a simple questionnaire to see if you qualify for the program.
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