Articles Posted in Taxes

By

Voluntary Declaration of Parentage in San Diego

Voluntary Declaration of Parentage in San Diego

A voluntary declaration of parentage (VDOP) is a legal form that creates parentage for a child in California outside of the court system. When both parents sign a VDOP, they both attest that they are the child’s legal parents, which gives the father/second parent all of the rights and responsibilities as if a court had ordered parentage.

In San Diego, most voluntary declarations of parentage are signed at the hospital at the time of birth, but may also be signed later at an office. It is useful for California parents to understand the VDOP process, where to sign a VDOP, and the legal effects of signing to help protect parental rights and provide benefits to the child.

Continue reading

By

Understanding How California Determines Spousal Support Payments

Understanding How California Determines Spousal Support Payments

Spousal support can be an important part of your California divorce, helping the spouse with a lower income maintain financial stability during and after separation. It’s important for the paying and receiving spouse to understand how California determines spousal support payments.

The court may award temporary support during the divorce or long-term support following divorce. The length of the marriage, both spouses’ income and earning potential, and other factors will play a role in the court’s decision. Understanding the types of spousal support and calculation methods will allow you to be prepared for negotiation and litigation.

Continue reading

By

The Legal Rights of Modern Reproduction

The Legal Rights of Modern Reproduction

Nowadays, building a family can look different than it did years ago. With advances in modern medicine, there are options for those who either cannot conceive or prefer not to do so the traditional way. With IVF, donor sperm and eggs, frozen embryos, and surrogacy, more people than ever, including LGBTQ+ couples, single parents by choice, or those facing infertility, are pursuing modern routes to parenthood.

However, these options come with their own set of legal rights. These processes can involve a lot of legal complexities. Understanding the legal landscape with the help of Andrew J. Botros, APC can help you navigate this process with greater peace of mind.

Continue reading

By

4 Ways to Protect Your Assets During a Divorce in California

4 Ways to Protect Your Assets During a Divorce in California One of the important steps in finalizing a divorce is determining how to divide property between the two spouses. In some cases, the division of property can be simple and straightforward. However, it’s possible for complications to arise. It can be helpful to understand the top five ways to protect your assets during a divorce in California to avoid these situations.

Continue reading

By

What does the “date of separation” mean and why is it so important?separation-date-300x202

When a spouse files for divorce the first issue to tackle is often the parties’ date of separation.  One might think that the date of separation is when the petition was filed in the divorce, or when one spouse moved out.  However, the date of separation is often fact driven and can be a complicated issue to resolve.

Pursuant to Family Code section 70 the “date of separation” means that a complete and final break in the marital relationship has occurred, such that (1) the spouse has expressed to the other spouse his or her intent to end the marriage, and (2) the conduct of the spouse is consistent with his or her intent to end the marriage.  The court has stated that there must be problems “so impaired” in the marriage that there is no reasonable possibility of “eliminating, correcting, or resolving these problems.”  (In re Marriage of Hardin (1995) 38 Cal.App.4th 448.)  Ultimately, the court will look towards the parties’ subjective intent to end the marriage, and the parties’ outward persona should not be considered. Continue reading

By

photo-1571604102350-2a203b389877

During marriage, neither spouse is supposed to devalue the community estate by wasting of assets. “Wasting” means spending community money for a non-marital purpose. The classic case has been the spouse who changes his lifestyle, often in the process acquiring a friend to whom the spouse gives money, pays expenses or buys gifts. The other spouse neither knows of these actions nor would approve of them if they were known. But the non-wasting spouse can attempt to recoup losses by negotiation or in court. Continue reading

By

In a previous blog, we talked about different classes of experts (Joint, Hired Gun, Review) employed in family law cases.  In this blog, we will talk about the different “types” of experts we use in family law. 

Forensic Accountant

Forensic accounting is a specialty practice area of accounting that is used in litigation.  Forensic accountants are used in family law to perform tracings for separate and community property, to investigate Family Code Section 2640 reimbursement claims, Moore/Marsden calculations,  to analyze/characterize stock options, and other issues which require an “investigation” of accounting issues.

What separates forensic accountant from regular accountants is specialized training focused on investigation as well as the expectation that the outcome of their investigation will result in the preparation of reports suitable to serve as evidence in a court of law. Continue reading

By

Lawyers love to make jokes about how bad we are at math.  Often those jokes include statements like, “if I were good at math I would have become an engineer” or if “I was good at math and science I would be a doctor not a lawyer.” Nobody likes lawyer jokes more than lawyers, but these statements are not universally true.  There are many lawyers who are good at math.  In fact at Andrew J. Botros, APC, we have the only certified family law specialist in San Diego County who is also a licensed Certified Public Accountant with a Master of Business Administration.  Having an attorney with a strong math and accounting background helps to spot and analyzes issues, but it is in no way a substitute for a financial expert.  When it comes to financial matters, there is no substitute for a qualified financial expert.

In family law, there are many reasons you may decide to use an expert.  Similarly, there are just as many different types of experts you can hire.  You might need an expert to value your family home or a business.  You might need an expert to decide a party’s income, or what custody schedule is best for your kids.  Whatever the reason might be, you need to decide first what class of expert you want.  This blog will address the three “classes” of experts we see in family law. Continue reading

By

San Diego is home to the nation’s largest concentration of military personnel. San Diego’s seven military bases serve the approximately 100,000 active duty service men and woman and their families (the total rises to 175,000 when dependents are taken into account.)  In addition, San Diego is home to 60% of the ships in the fleet of the U.S. Navy, and 1/3 of the active duty force of the U.S. Marine Corps.  In fact, the military and its spending in the region accounted for 26% of the jobs in San Diego in 2011.  None of this accounts for the more than 250,000 veterans who call San Diego home.  With that in mind, it should come as no surprise that San Diego family law attorneys handle many military dissolution actions.

For the most part, military divorce is very much like any other divorce.  The issues, such as child custody, child and spousal support, property division are the same as any other family law case.  However there are aspects of military divorce that are unique to service men and women.  In this blog, I will discuss some issues military members confront concerning child and spousal support. Continue reading

By

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.

Continue reading

Contact Information
Del Mar Technology Center
12348 High Bluff Dr, #220
San Diego, CA 92130
Phone: 858-793-8884
Fax: 858-793-8874

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2025, Andrew J. Botros, APC
JUSTIA Law Firm Blog Design