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Articles Posted in Divorce Finances

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Spousal Support and Termination

One of the hot button issues in any divorce case is spousal support.  Standard questions that might float through a party’s mind include, but are not limited to, “what party will pay support?”, “how much support will I pay/receive?”, and “how long will I pay/receive support for?”  This blog will…

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Common Types of Discovery in a Divorce Proceeding

Once the initial paperwork in a divorce proceeding is filed, both parties must complete what is called a “Preliminary Declaration of Disclosure.”  This disclosure mainly consists of two documents, the first is the party’s “Schedule of Assets and Debts” and the second is the party’s “Income and Expense Declaration.”  Just…

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What is an Ex Parte Hearing?

It is no secret that the San Diego Family Law Courts are overutilized, overworked, and overbooked.  When a party files a motion with the court it can often take several months, or longer, to get a hearing date!  This can be frustrating for litigants who want to move their case…

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SPOUSAL SUPPORT BASICS

The infamous comedian-actor Robin Williams once said, “Divorce is expensive.  I used to joke they were going to call it ‘all the money,’ but they changed it to ‘alimony.’” Alimony, or more commonly now called spousal support, may be awarded to either spouse during the pendency of a divorce proceeding,…

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Support and Severance Pay

The  COVID-19 pandemic has disrupted all American’s lives and created a trickle-down effect upsetting aspects of our lives many did not originally anticipate.  Federal and State governments have blown the metaphorical whistle signaling the changing of tides and ordering the closure of stores, schools, government offices, and generally life as…

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Student Loans

In this era it is hard to meet any young adult who does not have some amount of debt, with the most common form being student loans.  These loans can be hefty, as college, graduate school, and living expenses are incurred.  But what happens when you marry, and then separate…

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Money to Spare – How it Affects the Marital Standard of Living

Ex-Union-Tribune owner Douglas Manchester has divorced from his second wife, Russian immigrant Geniya Derzhavina.  Douglas, a wealthy real estate developer, filed for dissolution of marriage in October 2019 and the parties settled their divorce just two months later. Douglas married his first wife, Betsy, in January 1965.  They divorced in…

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The test results are NOT in….and yet, you ARE the Father – Presumed Parentage in California.

Did you know in the state of California, you do not need to be genetically related to a child for a Court to find you to be the child’s parent and issue orders for you to pay financial support of the child? It’s true! And it can occur under the…

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CHILD SUPPORT – IF IT IS FOR OUR CHILD, WHY IS THE PAYMENT GOING TO THE OTHER PARENT?

Family law courts across the nation adhere to “guidelines” and a statutory formula in determining appropriate child support awards.  In actuality, the “guidelines” provide mandatory requirements intended to create uniformity in the calculations of child support that are presumed correct. The guidelines take into account the general principles that (1)…

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COMMUNITY PROPERTY v. SEPARATE PROPERTY

Whether you are getting ready to file for divorce, or already have, you probably have seen or heard the words “community property” and “separate property” many times.  These are common family law terms that parties will need to understand throughout their proceeding for dissolution.  Pursuant to Family Code section 760,…

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