I was at a seminar this weekend about the all of the new cases that were decided in 2015. The moderator of the seminar made a joke about the theme of 2015 for the Court of Appeal in California. That theme was “play nice.” Now to be clear, the moderator…
Previously, we discussed the basics of the Moore/Marsden calculations, which is how the Court determines the community interest in the home when community funds pay down mortgage principal of a separate property home. The Moore/Marsden formula provides for the community to receive not only a reimbursement for principal paydown, but…
It is no secret that the cost of higher education in America is HIGH. Each year, the average amount of student loans borrowed increases, as does the number of students taking out educational loans. A 2013 study done by the One Wisconsin Institute found, after surveying 61,762 people, that the…
It sounds cliché (because it is), but if I had a dollar for every time I heard my parents tell me, “as long as you live under my roof, you will follow my rules” I assure you I would be enjoying an early retirement somewhere sunny. When I was a…
Last week’s $1.5 billion Powerball jackpot created a frenzy like no other as people rushed out to buy their tickets for a shot at riches, the likes of which most of us can’t even fathom. There is no doubt that the frenzy and constant discussion of the billion dollar jackpot…
There is a saying I use when talking to clients about difficult issues in Family Law Case; “The word ‘fair” only appears in the Family Code in a discussion about attorney fees.” The stark reality is this…Family Law is not fair. It can be equitable and it can be reasonable,…
A recently published case from the California Court of Appeal clarifies precisely what conduct can justify a restraining order. It also clarifies that significant past acts of physical abuse alone can justify a restraining order. In Rodriguez v. Menjivar , there was significant testimony regarding domestic violence. The petitioner (“Rodriguez”)…
The definition of domestic violence is best summed up by the National Coalition Against Domestic Violence (“NCADV”). According to NCADV, Domestic Violence is defined as “the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one…
California judges can make so many different types of spousal support orders, it can make a lawyers’ head spin, let alone the actual parties to a divorce. For instance, many people need help understanding the difference between a $0 spousal support order and an order where the Court terminates jurisdiction…
Attorney fees can be a very important issue in many divorce cases. Most family law litigants in California, and certainly their attorneys, are familiar with Family Code section 2030, which awards attorney fees on a “need and ability” basis. This statute is designed to make sure that each party has…