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Understanding Your Rights After a Custody Hearing in a California Paternity Case
I often receive questions about Findings and Orders After Hearing in California Paternity Cases similar to this one: QUESTION: “Have I received temporary child custody orders or a final judgment? I am currently in a parentage case in CA. I have been told (by a judge) I am a presumed father and was given… Read More »
How to Prepare the Judicial Council Form FL-142 Asset and Debt Declaration
Getting divorced is a lot harder than getting married. Among the many steps necessary during the divorce is preparing and serving the parties preliminary disclosures. PRELIMINARY DISCLOSURES The preliminary disclosures consist of the FL-142 asset and debt declaration, the FL-140 declaration of disclosure, the FL-150 income and expense declaration. Once you have prepared all of… Read More »
What Steps Can a Person Take to Prepare for Divorce in California
HOW TO PREPARE FOR A DIVORCE IN CALIFORNIA There are several steps a party can take to prepare for a divorce in California: Gather information. This includes acquiring and making copies of important financial documents, such as tax returns, bank statements, and investment portfolios. It is also important to obtain the data necessary for you… Read More »
After a Family Law Hearing on Custody, Support or Some Other Issue How Does A Party Make an Order?
After a Court makes a decision in a family law case court hearing at which the judge issues an order, how does one make a record of what the judge said? I am often asked about Court Orders after a judge has made a decision in a family law hearing over a disputed issue. For… Read More »
Can My Spouse and I Divide Our Assets Prior to Filing for Divorce?
I often receive questions regarding dividing property prior to filing for divorce. Here’s a recent one: Question: My Spouse and I are planning to file a divorce. I’ve agreed to buyout my spouse’s portion of our home and transfer the house title through a Inter-Spousal transfer deed. I’m planning to draft a buyout settlement agreement…. Read More »
Is a Financial Statement Required When the Payor Wants to Change a Spousal Support Order after a California Divorce Judgment?
Is a financial statement required when the payor wants to change or terminate spousal support after a California divorce judgment was issued? I often receive questions about modifications of spousal support orders after a divorce judgment has been issued by the court. Recently, I recently received the question below regarding a post judgment spousal support… Read More »
How to Ensure Fluctuating Income from Bonuses or Commissions Is Included in Spousal Support and Child Support Orders in Los Angeles Divorce or Paternity Cases
Bonus Income and Ostler Smith Awards: Navigating Fluctuating Income in Support Proceedings in California Divorce or Paternity Cases One of the important issues divorcing couples face is determining appropriate spousal and child support awards (For unmarried couples with children child support is usually an issue too). In cases where one party receives bonus income or… Read More »
Changes to 529 College Savings Accounts Next Year Will Influence California Divorce Spouses as the 529s Can Be Rolled Over to Roth IRAs
Excerpt: Starting in 2024, 529 education savings accounts can be rolled over into Roth IRAs under certain circumstances. People in California Divorce cases presently should take into account these changes in the law in drafting California divorce marital settlement agreements and, if necessary, litigating the issues in California divorce trials. Late last year, President Joe… Read More »
Dividing Children’s Health Costs Not Covered by Insurance: A Neglected Child Support Component of California Divorce and Paternity Cases
In every order for child support the court includes orders addressing health costs for the parties’ children which are not covered by insurance. Many parents forget about this important issue. The default order* of the court is that each parent is responsible for one half of these costs. Examples are co-pays for healthcare visits, blood… Read More »
Estate Planning Considerations During Divorce
You Should Update Your Estate Plan During a Divorce If you are going through a divorce, it is important to update your estate plan. This includes your will, your living trust (if you have one), your power of attorney, and your health care directive. Some estate planning documents you can change immediately by yourself or… Read More »
