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Father must Pay Half of Daycare Costs Even If Mother’s Choice to Further Her Education Is Voluntary and Not Required by Her Employer


Father must Pay Half of Daycare Costs Even If Mother’s Choice to Further Her Education Is Voluntary and Not Required by Her Employer
In reversal of a Trial Court, a California Court of Appeals has ruled that California Family Code Section 4062 permits an award of childcare..
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Father Allowed to Talk about the Divorce Case and Bad-mouth Mother on Facebook


Father Allowed to Talk about the Divorce Case and Bad-mouth Mother on Facebook
A California Court of Appeals has ruled that wording in a Domestic Violence Prevention Act restraining order that prohibits Father from posting anything about the parties’ divorce on Facebook..
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Husband Did Not Waive His Community Property Interest When He Signed a Deed Transferring Title of Their Property to Wife


Husband Did Not Waive His Community Property Interest When He Signed a Deed Transferring Title of Their Property to Wife
In the case of In re Marriage of Begian and Sarajian, Mother and Father were married in August of 1993, and later they had two children. On April 29,..
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Mom Can't Move Child to Israel Until 30 Days After Entry of Court's Judgment


Mom Can't Move Child to Israel Until 30 Days After Entry of Court's Judgment
On December 6, 2018, a California Court of Appeals has ruled that a Trial Court was wrong by determining that the time period for California Code of Civil Procedure..
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Child Can Have One Mother and Two Fathers


Child Can Have One Mother and Two Fathers
A California Court of Appeals has ruled that a Trial Court was correct in ruling that Child has three parents and that Husband’s paternity having been established under California..
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New Laws That Will Affect Family Law Litigants


New Laws That Will Affect Family Law Litigants
AB 2792 (Stats 2018, Ch. 83) Termination of parent-child relationship: Under existing California Family Code Section 7823, a child may be declared free from the custody and control of..
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Court must Decide If Both Parties Acted as an Aggressor Before it Can Order Mutual Restraining Orders


Court must Decide If Both Parties Acted as an Aggressor Before it Can Order Mutual Restraining Orders
A California Court of Appeals has ruled that separate restraining orders granted by Trial Court in response to separate requests by Mother and Father qualify as mutual restraining orders;..
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Father Should Have Been Charged with More Income & Should Have Paid Attorney's Fees


Father Should Have Been Charged with More Income & Should Have Paid Attorney's Fees
In a partial reversal, a California Court of Appeals has ruled that Trial Court was wrong when it failed to include Father’s income tax refunds and voluntary 401K contributions..
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Husband Signing a Deed Doesn’t Necessarily Mean that Property Belongs to Wife Alone


Husband Signing a Deed Doesn’t Necessarily Mean that Property Belongs to Wife Alone
A California Court of Appeals has ruled that a Trial Court made a mistake by determining that an interspousal transfer grant deed did not qualify as a transmutation agreement..
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Husband's Spousal Support Obligation Should've Been Terminated Since Wife Failed to Show Up to the Hearing


Husband's Spousal Support Obligation Should've Been Terminated Since Wife Failed to Show Up to the Hearing
A California Court of Appeals has ruled that Wife’s Income and Expense Declaration was inadmissible hearsay where Wife was not present to be cross-examined at the hearing on Husband’s..
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Husband is the Father of the Child and Not the Biological Father Who Was Wife's Boyfriend


Husband is the Father of the Child and Not the Biological Father Who Was Wife's Boyfriend
A California Court of Appeals has ruled that a Trial Court was not wrong in concluding that biological father who sought to establish a parental relationship with his biological..
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Pre-Nuptial Agreement Drafted by Husband Not Enforceable Against Him Because He Didn't Have an Attorney & Seven Days to Review It


Pre-Nuptial Agreement Drafted by Husband Not Enforceable Against Him Because He Didn't Have an Attorney & Seven Days to Review It
A California Court of Appeals has ruled that a pre-nuptial agreement initially drafted by Husband, but later revised by Wife’s attorney, is not enforceable against Husband, who was not..
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Husband Investing Community Funds Without Telling Wife Breached His Fiduciary Duty to Her


Husband Investing Community Funds Without Telling Wife Breached His Fiduciary Duty to Her
A California Court of Appeals has ruled that a Trial Court was not wrong when it concluded that Father breached his fiduciary duty to..
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Child Support Department Can Enforce Italian Support Order


Child Support Department Can Enforce Italian Support Order
In the case of Cima-Sorci v. Sorci, Father met Mother in Italy, where he was serving in the U.S. Air Force. They married in..
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Father Living Double Life is Presumed Father of his Girlfriend's Child


Father Living Double Life is Presumed Father of his Girlfriend's Child
A California Court of Appeals has ruled that a sperm donor whose paternity cannot be established under California Family Code Section 7613 (conception through..
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Marrying Someone from Outside of U.S. May Contractually Obligate You to Support Them


Marrying Someone from Outside of U.S. May Contractually Obligate You to Support Them
A California Appellate Court has ruled that a Trial Court was wrong when it declined to enforce form I-864 (affidavit of support of immigrant..
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High Earner's Expenses & Lifestyle Must be Considered in Calculating Child Support


High Earner's Expenses & Lifestyle Must be Considered in Calculating Child Support
A California Court of Appeals has ruled that a Trial Court was wrong by failing to list its reasons for deviating from guideline in..
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The Top Five Reasons Why Separation Agreements are Essential During Separation and Divorce


The Top Five Reasons Why Separation Agreements are Essential During Separation and Divorce
Because the importance of this agreement, it makes sense to get legal advice and make sure you don't miss anything that could come back to bite you. If..
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Can My Ex Move Out Of State With My Child?


Can My Ex Move Out Of State With My Child?
When a family splits up, it's common for the exes to go their separate ways. Often it means wanting to move to another county, state, or even country. ..
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What Can I Do If My Ex Doesn't Pay Child Support?


What Can I Do If My Ex Doesn't Pay Child Support?
Collecting back child support can be a complex and lengthy process since each situation is unique. This article gives you a 30,000 foot view on the rights you have..
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Woman Who Had Sex With Minor Is Not Entitled to Spousal Support


Woman Who Had Sex With Minor Is Not Entitled to Spousal Support
A California Court of Appeals has ruled that a trial court properly denied spousal support to Mother who inflicted domestic violence on her children and caused them psychological damage..
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High Earner Has to Pay Same Child Support Despite His Income Going Down


High Earner Has to Pay Same Child Support Despite His Income Going Down
A California Court of Appeals has ruled that Trial Court was wrong in reducing the child support obligation of a high earner where salary reduction did not materially impair..
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Is My Ex Spouse's Debt My Responsibility?


Is My Ex Spouse's Debt My Responsibility?
Whether you are liable for your ex spouse's debts largely is reliant on whether you are filing for divorce in a community property or equitable distribution state. California is..
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What are the Steps to Terminating Parental Rights?


What are the Steps to Terminating Parental Rights?
Termination of parental rights refers to the legal severing of the parent-child relationship by the state. There are many reasons to pursue termination of parental rights. You may..
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What is Quasi-community Property?


What is Quasi-community Property?
On October 18th, Tobey Maguire and wife Jennifer Meyer announced their separation after nine years of marriage. Shortly after their breakup, they placed their Santa Monica property on..
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Legal Separation and Separation Agreements


Legal Separation and Separation Agreements
In California, there are three ways to end a domestic partnership or marriage: dissolution, commonly known as divorce, legal separation, and annulment, also known as nullity. When it..
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Child Support Less Than Guideline Can Be Ordered Despite Father's High Income


Child Support Less Than Guideline Can Be Ordered Despite Father's High Income
A California Court of Appeals has ruled that a Trial Court was not wrong by awarding child support which was less than the guideline..
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How to Enforce an Alimony


How to Enforce an Alimony
Alimony refers to monthly stipends payable to a spouse or domestic partner for a specific duration after divorce. When a spousal support order is acquired as part of a divorce,..
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Custody Should Not be Awarded to Perpetrator of Domestic Violence


Custody Should Not be Awarded to Perpetrator of Domestic Violence
In reversal, a California Court of Appeals has ruled that Trial Court was wrong in maintaining 50-50 timeshare after awarding Mother sole legal and sole physical custody of Children..
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What is the difference between Legal and Physical Custody?


What is the difference between Legal and Physical Custody?
A big topic in headlines today, Angelina Jolie and Brad Pitt recently filed for divorce. Word has it that Jolie is seeking joint legal custody, but sole physical custody. While..
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