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Child Support Calculations: The Unfairness of the Mandatory Retirement Deduction

When calculating child support, California Family Code section 4059 (c) requires the court to deduct from a parent’s net disposable income all mandatory retirement payments, so long as they are a condition of employment. On the other hand, the Family…

Restraining Orders

Automatic Restraining Order Against Disposing of Any Property

The family law summons contains automatic restraining orders that are binding on both the petitioner and the respondent. Automatic restraining order number 3 prohibits disposing of any property except under certain circumstances. That restraining order prohibits both parties from doing…

Restraining Orders

Automatic Restraining Orders, How They Effect You

In order to preserve the status quo between the time that the petition for dissolution of marriage is filed and a party seeks other court orders, the summons in a family law matter contains automatic restraining orders. Those orders are…

Divorce

The Mediation Privilege in California

Communications and documents exchanged in a mediation in California generally are privileged and not admissible in court. (Cal. Evid. Code § 1119) There are some exceptions, which are discussed below. The Evidence Code chapter on the mediation privilege does not…

Family Law

California Statutes Authorizing Attorney Fees in Family Law

Here is a list of California statutes that authorize the court to award attorney fees in a family law case. The statutes apply to different circumstances. Family Code Family Code section 271: fees and costs when other side has frustrated…

Family Law

Sanctions Under Family Code Section 271

In California Family Law, there are some exceptions to the rule that your ability to get your attorney’s fees paid by the other side are controlled by the parties’ respective needs and abilities to pay. One important exception is in…

Divorce Division of Assets

What Can You Do About Wills and Trusts During the Pendency of a Divorce in California?

California Family Code section 2040 requires the summons in a California divorce proceeding to contain certain mutual automatic restraining orders. The petitioner must serve the Summons on the respondent, thereby imposing the orders on the respondent. The orders become binding…

Division of Assets

Separate Property in a Community Property State

As we have written in a previous blog post, California is a community property state. In general, that means that all property acquired by a married couple with assets earned during the marriage is owned equally by the husband and…

Division of Assets

What is community property?

We have mentioned in previous blog posts that custody issues are often the most contentiously contested issues in a divorce proceeding. Not far behind on the acrimony scale are issues involving the division of property. You have probably heard that…

Custody and Child Support

Relocation of Children During or After a Divorce

Following a divorce, one or even both of the parents may find it necessary to change their residence. This may occur because a parent has found a new job, would like to move closer to family so that they can…

Custody and Child Support

What is the difference between legal custody and physical custody?

Divorce is messy. When the parties have children together, it can make the divorce proceedings even more complicated. Creating a workable custody arrangement that benefits both parties and looks out for the best interests of the children is one of…

Custody and Child Support

What is the difference between joint custody and sole custody?

We recently wrote a blog about the distinctions between legal custody and physical custody of children in a divorce proceeding. In order to truly understand how custody issues work in a divorce proceeding, however, it is also important to understand the differences…

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Family Law

Child Support Calculations: The Unfairness of the Mandatory Retirement Deduction

Automatic Restraining Order Against Disposing of Any Property

Automatic Restraining Orders, How They Effect You

The Mediation Privilege in California

California Statutes Authorizing Attorney Fees in Family Law

Sanctions Under Family Code Section 271

What Can You Do About Wills and Trusts During the Pendency of a Divorce in California?

Separate Property in a Community Property State

What is community property?

Relocation of Children During or After a Divorce

What is the difference between legal custody and physical custody?

What is the difference between joint custody and sole custody?

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