NINTH CIRCUIT HEARS ORAL ARGUMENT IN PROP. 8 CASE – CALIFORNIA FAMILY CODE SECTION 297 AND SECTION 297.5
NINTH CIRCUIT HEARS ORAL ARGUMENT IN PROP. 8 CASE – CALIFORNIA FAMILY CODE SECTION 297 AND SECTION 297.5
On December 6, 2010, the Ninth Circuit Court of Appeals heard oral argument on Proposition 8, the California voter initiative passed in 2008 banning gay marriage and ruled unconstitutional in federal district court. For the first time in the Ninth Circuit, oral argument was televised and broadcast live. Prop. 8 was passed in November 2008 by a coalition of religious conservative groups in response to In re Marriage Cases, a…
Read MoreCourt Finds That Jaime Mccourt Co-Owns Dodgers With Frank Mccourt – Family Code Section 760, Section 850
On December 7, 2010, the Los Angeles Superior Court found that Jaime McCourt co-owns the Los Angeles Dodgers with her ex-husband, Frank. The court set aside a signed marital agreement indicating that Jaime surrendered her rights to the Dodgers upon divorce. Jaime and Frank married in 1979 and divorced in 2009. Their most valuable asset was ownership of the Dodgers, currently valued at over $700 million. In 2003, Jaime and…
Read MoreWhat You Need To Know About Prenuptial Agreements in California and How An Experienced Prenuptial Agreement Attorney Can Help You
Are you thinking about getting married but are having second thoughts after seeing so many of your friends and family go through horrible divorce proceedings? If so, you are not alone. Most people know or have heard of people who have lost half or more of their fortune as a result of a divorce. The reason for this is California’s community property laws, which state that whatever is acquired during…
Read MoreCourts Have the Power to Restrict Speech To Promote The Welfare Of The Children
An order restraining a parent from "interfering" with the other parent’s parenting time is neither ambiguous nor unconstitutionally overbroad. Irmo Hartmann (2010) .4th (CA 2/6 – Opinion filed June 23, 2010). In a recent divorce and child custody case the Husband asked the court to issue a restraining order preventing Wife from interfering with his custodial time. Husband complained that Wife told the children every detail of the trial, told…
Read MoreCourt Must Consider Both Child Support And Spousal Support Payments When Determining Attorney Fees
In Alan T.S. v. Superior Court (Mary T.), the trial court had ordered $9,000 in attorney’s fees to wife during a dissolution case, citing disparity in wife’s gross income as a court clerk of $5,135/mo and that of husband who grossed $8,333/mo. as law librarian. When husband appealed the fee order he pointed out that not only was his income not substantially greater so as to support such a large…
Read MoreModifying Spousal Support in California
Spousal support, or alimony, is not automatically awarded in California divorce or legal separation proceedings. In fact, the court has the discretion to award, deny, or limit spousal support payments to the parties. Deciding on whether or not to grant spousal support is determined by considering the standard of living the parties have become accustomed to during the marriage and their respective needs and abilities to pay (Family Code Sections…
Read MoreHOW CAN A FAMILY LAW ATTORNEY HELP ME? TRANSMUTATION AGREEMENTS AND ASSET PROTECTION – FAMILY CODE SECTION 850
Contrary to common belief, the main issue in the Frank and Jaime McCourt divorce trial is not ownership of the Los Angeles Dodgers: the parties are actually fighting over the legal effect of a postnuptial transmutation agreement. In 2004, Frank McCourt purchased the Dodgers for $430 million, largely through debt. Since Frank was married to Jaime at the time, the ownership of the Dodgers was community property, meaning that both…
Read MoreHow to Handle Problems During Child Custody Exchanges
For some people, one of the moments they dread most during the day is the time they have to exchange their child with the child’s other parent. Bad blood between the parents oftentimes spills over to child exchange because that is the time when the parents see each other most frequently. What’s more, the presence of a new boyfriend, girlfriend, or spouse at the child exchange can also complicate things…
Read MoreInclusion On The Child Abuse Central Index May Greatly Limit A Person’s Ability To Gain Employment.
The Child Abuse Central Index (CACI) was created by the Legislature in 1965 as a tool for state and local agencies to help protect the health and safety of California’s children. An estimated 819,000 individuals are listed on the CACI list for allegations of child abuse. Even judgments of innocence by the courts will not necessary secure a person’s removal from the list. The CACI list can be accessed by…
Read MoreLegal & Physical Child Custody
When parents are determining child custody after a separation or a divorce, it is important to know the different types of custody. There are two types of custody the parents must determine in a child custody dispute: 1) Physical custody; 2) Legal custody. Physical custody refers to the actual time a parent is with a child. The parents must determine when each parent will be with the child. The time…
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