We’ve been hearing a lot about the “Panama Papers” lately; the leak of millions of documents out of the Panamanian law firm Mossack Fonseca disgorging details of the firm’s wealthy clients hiding money via shell companies in various tax havens. Among those allegedly involved are world leaders, athletes, celebrities and…
San Diego Divorce Attorneys Blog
Child Custody – Getting to a Trial
In a previous post, we gave an overview of what parents can expect from the contested child custody process in California, from the filing of the Petition until the time the Court makes its first orders. In this post, we will go beyond the Court’s first orders and discuss the…
Getting off the Hook
The largest single asset I deal with in any divorce is a family residence. Home ownership in the United States has hovered between 63-69% over the last 20 years. In California the percentage is a bit lower coming in at 53% in 2015 – no big surprise when the median…
Child Custody – An Overview from Petition to First Orders
If you are a parent who is anxious about the child custody process in California, you are in good company. These feelings are perfectly normal. After all, the decisions on custody and visitation are so crucial and most parents know so little about the process. I thought I would explain…
Social Security and Child Support
When I talk to clients about what constitutes income available to pay for child support I ask them to imagine an umbrella…a very BIG umbrella. Everything underneath that umbrella is income available to pay child support. In California, this has been codified in Family Code Section 4058, which states; “The…
Three Custody Orders Judges Should Make, but Often Don’t
There are some orders that we feel are underutilized by Judges in Custody cases. One of the reasons we list them here is because the judges in this county tend to not have egos: if you ask them to adjust an order they just made and they like the suggestion,…
How Your Divorce May Affect You This Tax Season
We are divorce attorneys, not tax experts, but marriage and finances are so intertwined that inevitably divorce and taxes do intersect. Each year as the IRS tax return filing deadline approaches, we are increasingly confronted by our clients with tax preparation questions. For specific tax inquiries, we advise that you…
What exactly is the lender intent rule? Answer: No one knows.
The lender intent rule in California family law is, at once, one of the most consequential and one of the most unfathomable rules. The general idea is this: if a loan is incurred during the marriage, that loan, and any proceeds acquired with said loan, will presumed to be a…
Why Disclosure is so Important in California Divorces
The State of California imposes very broad duties of disclosure between spouses that are in the midst of a divorce. Inevitably, a spouse will try to cut corners or try to defraud their spouse altogether in an attempt to get an edge in the divorce case. The Family Code has…
Remarrying Your Ex: Elon Musk and Talulah Riley’s Marital Rollercoaster Ride.
Billionaire tech mogul Elon Musk’s wife, British actress Talulah Riley, filed for divorce on March 21st in Los Angeles. Musk may be experiencing deja vu right about now, as this is the second time that the couple will be going through a divorce. Originally married in 2010, the two already…