Frank and Jamie McCourt in Legal Battle over Ownership of the Los Angeles Dodgers
Frank and Jamie McCourt in Legal Battle over Ownership of the Los Angeles Dodgers
A recent court filing revealed that Jamie McCourt, wife of Frank McCourt, is seeking $998,945 per month in temporary spousal support in California while their marriage separation continues. Jamie McCourt’s lawyers claim that although this is a large sum, it would still leave Frank McCourt with about $1.3 million each month. Her lawyers argue that Frank McCourt is underestimating his net worth by manipulating his balance sheets. The issue that…
Read MoreAttorney’s Fees Awards in Divorce
Having the right attorney is essential to getting the best possible result in your case. The right attorney should be knowledgeable and experienced in the area of law they practice. The attorney must be reasonably priced and fight to get attorney’s fees when possible. Family Code Section 2030 (a) provides that any award of attorney's fees or costs in a marital action must be based on: A determination of ability…
Read MoreHow Personal Injury Damages Are Divided As Community Property In Divorce In California – California Family Code 760 and 761
In California the monetary damages (or awards of other property) as a result of a personal injury settlement and or disposition a spouse receives during a divorce may or may not be characterized as community property. The classification of community property depends on when the cause of action arose, not when the proceeds were received. If the cause of action in the personal injury case arose during marriage, and before…
Read MoreHow are Child Support and Spousal Support Calculated?
Child support and spousal support serve different purposes, implicate different policies, and are governed by different rules. Under child support law in California, a child has a right to be maintained in a lifestyle that is consistent with what the child is accustomed to while living with his or her parents. This includes maintenance and education. The spousal support statute, however, requires only a consideration of the parties’ standard of…
Read MoreCan a Minor File a Domestic Violence Restraining Order?
A minor can request a domestic violence restraining order against an adult or another minor. There is no age requirement for filing a domestic violence restraining order in California. Under specified circumstances, a minor may appear in Domestic Violence Prevention Act (DVPA) proceedings without counsel and without a guardian ad litem. However, a minor under age 12 seeking or opposing protective orders can only appear in court if they are…
Read MoreActor Dennis Hopper Getting a Divorce
Dennis Hopper recently filed for divorce in Los Angeles from his wife, Victoria Duffy, as reported by KTLA. Hopper and Duffy have been married for 14 years and have a 6 year old daughter together. Hopper stated irreconcilable differences as the reason for the divorce. He said he plans to file for joint custody of his daughter and plans to pay spousal support. Hopper is also currently fighting prostate cancer.…
Read MoreThe Court has Discretion on How much Income from a Business May be Used for Spousal Support – Family Code SEction 4320
The court in In Re Marriage of Blazer, (2009) 176 Cal. App. 4th 1438, held that under Family Code Section 4320 it was within the trial court’s discretion to calculate a husband’s income without regard to all income received from the business where there existed a valid reason for the funds to be reinvested in the business. In this case, the husband was awarded the business in the divorce. At…
Read MoreTax Laws May Change Your Child Support
Every time the tax laws change, that might also mean that your guideline child support payment will change. 2010 was no exception. The reason why this happens is because child support is calculated by using the parents’ net disposable income, i.e, income left over after paying taxes. If you or the other parent is now paying more or less taxes than you were before, due to the new laws, then…
Read MoreShould I Make Our Child Custody and Child Support Agreement a Court Order?
Oftentimes, divorced parents are still on amicable or semi-amicable terms such that they can discuss child custody, child visitation, and child support in a civil way. In fact, they are often able to come to agreements on their own, without having to go to court. When this happens, the question is then whether or not they should make their agreement a court order. The answer will depend on whether or…
Read MoreCan I Still Get a Divorce If My Spouse Does Not Want To?
Sometimes one spouse will want a divorce but the other spouse does not. Or sometimes the other spouse is okay with the divorce, but does not want to be involved in the divorce proceedings and does not want to hire a lawyer or go to court. What can you do then? You can still file for divorce. When you file, you will need to serve your spouse with all your…
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