Can I Change the Amount of Child or Spousal Support Ordered By the Court? California Family Code 366
Can I Change the Amount of Child or Spousal Support Ordered By the Court? California Family Code 366
Enduring a divorce or child custody proceeding is often a lengthy and draining ordeal on an individual. Child support and Spousal Support are two issues that are often addressed based upon the parties’ finances at the time the judgment is entered. However, financial situations are constantly changing, and your court-ordered support amount may be inaccurate after changes in your life or the other party’s life. Job promotions, loss of employment,…
Read MoreThe Juvenile Court Can Sustain a Petition Filed under Welfare and Institutions Code Section 300(d) Despite Factual Inconsistencies Found by the Court
The juvenile court is given broad discretion in determining the sufficiency of evidence to establish the court’s jurisdiction over a minor under Welfare and Institutions Code Section 300(d). During the jurisdictional hearing, the trial court assumes the role of the jury in determining issues of facts and credibility of witnesses. Its ruling will not be disturbed on appeal even when the court finds substantial discrepancies in the evidence as to…
Read MoreIn Tough Economic Times, Motions For Modification Of Spousal Support May Be Used Improperly
Under California spousal support laws, a motion for modification of spousal support may be filed to alter spousal support payments. Through the course of a separation or dissolution of marriage, the courts will often award spousal support to one of the parties. The amount of that support is often based on the income and expenses of both parties. After the court has made a finding awarding spousal support, that order…
Read MoreIn Dependency Cases, Incarcerated Parents May Lose Their Children Unless They Act Promptly in Defending Their Rights in Court
If you have been incarcerated and the Social Services Agency has taken custody of your children, you must know that the juvenile court cannot deny reunification services with your children simply because you were incarcerated in a penal institution. Instead, the court must set up a three-step reunification scheme that provides social services and visitation rights to incarcerated parents. If after 12 months of services, the court finds that no…
Read MoreHow Obtaining a Domestic Violence Restraining Order Can Help Protect You and Your Family and How a Restraining Order Attorney Can Help You -California Penal Code Section 273.5
Domestic violence is an unfortunate problem many people face in their lives. Victims of domestic violence are often forced to endure physical and emotional abuse. A troubling aspect of domestic violence is that it usually originates from someone who the victim knows well, and often times from someone the victim is in love with. Despite any feelings of love, people often turn to the courts for help and protection. California…
Read MoreActress Sandra Bullock May Be Headed for Divorce Following Infidelity Accusations against Husband Jesse James
It was recently reported that Oscar-winning actress Sandra Bullock moved out of the home she shared with her husband, Jesse James, and his three children from previous relationships following allegations that James had an affair. The pair married in 2005. Since the news broke, the media have speculated on possible separation or divorce. If the couple decide to divorce, they should hire an experienced divorce lawyer who is familiar with…
Read MoreOrdering the Child’s Legal Guardian to Arrange the Frequency and Duration of Visits Amounts to an Abuse of Discretion in California – Welfare and Institutions Code section 366.26
Recently, a California court has ruled that the visitation order providing for monitored visits with the parents, but leaving the frequency, duration, and location of the visits within the legal guardian’s sole discretion is an abuse of discretion and improper delegation of the judicial function to the legal guardian. (In re Rebecca S., Feb. 8, 2010, No. B216227.) In In re Rebecca S, the father unsuccessfully sought to reestablish his…
Read MoreLegal Fees in Divorce of Los Angeles Dodgers Owner Frank McCourt Hits $19 Million
The divorce of Los Angeles Dodgers owner Frank McCourt and his wife Jamie could be one of the most expensive in California history. It is estimated that the McCourts have accumulated a total of $19 million in legal fees. One reason for the high cost of legal fees has been attributed to the fact that each of the McCourts hired multiple law firms to represent them. Even among high profile…
Read MoreJust in Time for Tax Season: Spousal Support and Alimony Are Tax Deductible – Internal Revenue Code Section 71
Going through a divorce, child custody proceeding, or both can be one of the most stressful and emotional events in an individual’s lifetime. Although the parties’ finances are addressed, the parties often fail to realize the different tax effects that a family law case creates. With tax season upon us, it is critical that you consider or reevaluate the various taxes and deductions available. Under Internal Revenue Code Section 71,…
Read MoreNBA Star Allen Iverson’s Wife Files for Divorce and What You Need to Know About California Divorce Laws – California Family Code Section 2300 and 2311
It was recently reported that Tawanna Iverson, the wife of former NBA All-Star Allen Iverson, has filed for divorce after 8 1/2 years of marriage, stating the union is “irretrievably broken.” She is asking for child support, alimony, and full custody of their four children, aged from 1 1/2 to 15 years. She filed for divorce in Fulton County Superior Court, located in the state of Georgia. Allen Iverson’s divorce…
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