San Diego Divorce Attorneys Blog
If you are a frequent reader of this blog, you know that child custody and visitation are fluid orders as that often change with the needs of the child. This makes a lot of sense because a 3 year-old is very different from a 16 year-old and will therefore have a very different child sharing schedule. Also as a frequent reader, you know that a change in the time sharing percentage of the children often justifies a change in the child support orders. Small changes in the time share percentage are unlikely to make a big impact. Big changes in guideline child support require major shifts in the child sharing percentage. Continue reading
The Dreaded Winter Break.
My favorite holiday song is Andy Williams’ version of “The Most Wonderful Time of the Year.” Something about that song encapsulates everything that is special about the winter holiday season. There are the lights, the food, the family, and the nostalgia of being a kid at Christmas. Now that I have a family of my own, seeing this special season through the eyes of my own children makes it all feel that much more real and special. However, for many divorced or divorcing parents the winter break is a difficult time. In this blog I want to address a couple common issues that divorcing parents face and with them provide some advice for enjoying the holidays in spite of the difficulties of a divorce. Continue reading
Changing your child’s school enrollment
Change is a big part of any divorce. When you have children, dealing with change can be one of the most difficult parts of the divorce. No matter how many times people tell you that “kids are resilient and everything will be okay” it doesn’t make it any easier. The truth is, most kids handle divorce well especially when their parents are able to successfully co-parent. Nonetheless, there is one change that no amount of co-parenting can make easier. That is changing schools. Most families only have one residence which means that at least one parent will need to find a new home. If that new home happens to be in the same neighborhood as the former family residence, then changing schools should not be an issue. More often than not however, one parent moves to a residence that is zoned for a different school than the children currently attend.
So what do you do? Continue reading
When Is Income Not Income Available for Support? A Look at the Pearlstein Case
As we’ve mentioned many times over on this blog, support (both child support and spousal support) can be very complicated in California. In some instances, the relevant statutes provide the Court with vast discretion that needs to be clarified in subsequent court cases. One of those Court cases is the Pearlstein case which deals with the determination of income resulting from capital gains.
In Pearlstein, Husband sold a substantial amount of shares in a business. In consideration for the sale of his shares, Husband received shares of another business and cash. What Husband ended up doing with the stock and cash he received from the sale is the key to the case: he did not sell the shares and he reinvested the cash.
Dealing with Divorce at Thanksgiving
If you have children and are currently going through the divorce process or have been recently divorced, you have probably already realized that the holidays as you’ve come to know them will be different from now on. The Thanksgiving holiday, as family-centered as it is, is one of the most difficult holidays to get through if you are just getting used to this idea. What follows is a brief overview of custody issues during the holidays and some tips on getting through the Thanksgiving holiday this year. Continue reading
Why choose a Certified Family Law Specialist?
Choosing your lawyer in a divorce case can be one of the most important decisions you ever make. You want someone who is experienced, intelligent, knowledgeable, and well-respected by the bench and bar. You might have noticed that some family lawyers advertise themselves as “Certified Family Law Specialists.” What are Certified Family Law Specialists and why should you consider hiring one?
Has Trump Got You and Your Marriage in a Slump?
This having likely been one of the most divisive political campaigns and presidential nominations in history, it may not be surprising that the widespread political divide and contempt has spilled over into many households and left countless numbers of people questioning relationships with their significant others. For several months, we suspected that this would be true, but a recent Google search led way to an astonishing amount of op-ed articles and message board discussions regarding women (at least mostly women from what we could tell), detailing the rift that differing opinions regarding President Elect Donald Trump had caused in their marriages.Some even took to message boards or wrote into advice columns to seek guidance as to whether the difference in opinion was a legitimate reason to end the marriage or relationship at issue. Continue reading
“You’re Fired”…or You Quit?… or You’re Laid Off? – I don’t know, but you lost your job
No matter what side of the aisle you are on politically or whether you were happy or dismayed by the results, the 2016 presidential election was historic. This blog is not about the election or the candidates that were running, nor does it have anything to do with their politics or positions. This blog is actually about is about what can happen in Family Court if you are fired from your job, either for cause (usually bad conduct) or you are laid off (think downsizing). Continue reading
In Honor of the Cubs World Series Win………
..…I just couldn’t pass up the chance to write about a divorcing couple that went through a heated battle over World Series tickets. Apparently this battle became was so “serious” that a suburban wife felt it appropriate to file an emergency petition in a Chicago court for orders that the husband hand over the tickets which were obtained prior to filing for divorce. Even more surprising is the fact that the Chicago judge made an emergency ruling on this issue. Read on to find out what the ruling was. Continue reading
You Think Disneyland Lines Are Long…Just Wait Until You Submit Your Divorce Judgment
It was recently reported that Khloe Kardashian and Lamar Odem finally submitted their divorce judgment for processing with the Court. I say finally because the case was first filed in December 2013. It was stagnate for nearly two years while Lamar allegedly battled substance abuse issues. When Lamar nearly died in October 2015, Khloe dismissed the divorce, only to re-file in May 2016. The years long saga is now over, but that does not mean the parties’ divorce case is over. The Court still needs to process the Judgment, and there is no way to know how long that will take.