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…
Articles Posted in Post-Judgment Modification
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…
Co-Parenting in the Time of COVID-19
The global spread of COVID-19 (a.k.a Corona Virus) is affecting millions and has been deemed by the United States government a national pandemic. Both the Federal and California state governments are calling upon citizens to do their part in assisting with slowing the spread of this novel virus, which has…
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)…
Divorce Insurance
A new product has just come on the market that may have piqued your interest if you are going through a divorce: Divorce Insurance. That’s right, you read correctly, divorce insurance actually exists! A man named Richard Zizian, a legal educator and holder of a California Juris Doctorate (not a…
Spousal Support Termination Under Family Code 4322
Termination of spousal support jurisdiction is always a highly contested issue. The party paying support wants spousal support terminated as soon as possible, and the party receiving support would prefer support be paid forever. Which party will get what they want will depend on the facts of the case. At…
WE WANT YOU…to Understand Military Divorce and Custody
San Diego is home to the nation’s largest concentration of military personnel. San Diego’s seven military bases serve the approximately 100,000 active duty service men and woman and their families (the total rises to 175,000 when dependents are taken into account.) In addition, San Diego is home to 60% of…
What is a ‘Jackson Credit’ ?
If you are a frequent reader of this blog, you know that child custody and visitation are fluid orders as that often change with the needs of the child. This makes a lot of sense because a 3 year-old is very different from a 16 year-old and will therefore have…
Can The Changed Circumstances Rule in Child Support Be Suspended by Agreement?
Child support in California can be very complicated and the changed circumstances rule is one of the reasons why. The changed circumstances rule requires a court to deny a request to modify child support if the court determines that there was no material change in circumstances since the time the…
Move-Away Myths
As one Court appropriately put it, granting a parent’s request to move out of the county “is one of the most serious decisions a family law court is required to make.” The ramifications of the decision will undoubtedly affect both parents involved and their children for the rest of their…