Articles by category: Articles

Articles

Can You Ask For Modification of Child Support If You Are In Contempt For Not Paying Child Support?

By Marcus Morales on Mar 13, 2018 in Articles, Child Custody , Child Support

There is some case that supports the position that if you are found guilty of contempt for failure to pay child support, you may not request the court modify that same child support order.

Read more...

Custody: Move Away Cases Santa Barbara

By Marcus Morales on Mar 13, 2018 in Articles, Child Custody , Child Support, Divorce, Legal Separation

The IRMO LaMusga court stated, “we conclude that just as a custodial parent does not have to establish that a planned move is “necessary,” neither does the noncustodial parent have to establish that a change of custody is “essential” to prevent detriment to the children from the planned move.

Read more...

Think your spouse could earn more? Ask for a Vocational Exam

By Marcus Morales on Mar 13, 2018 in Articles, Business Valuation, Child Support, Divorce, Legal Separation, Spousal Support

When child or spousal support is at issue, one party may voluntarily make less money to lower the support payment, or not work so you have to pay more in support. Family Code Section 4331 provides a solution, a Vocational Examination.

Read more...

Bonus pay, Overtime pay, Child and Spousal Support Order

By Marcus Morales on Mar 13, 2018 in Articles, Business Valuation, Child Support, Divorce, Spousal Support

Is bonus or overtime pay considered in a child or spousal support order? Typically, the court will consider all income from any source derived. But, if bonus and overtime income fluctuates, the court may impose what’s know as a Smith-Ostler order.

Read more...

New Bill In State Legislature Looks To Change Age Requirements For Children With A Custodial Preference

By Marcus Morales on Mar 13, 2018 in Articles, Child Custody

Currently, California Family Code Section 3042 states that if a child is 14 years of age or older and wishes to address the court regarding custody or visitation, the child shall permitted to do so, unless the court determines that doing so is not in the child’s best interest.

Read more...

Six Month Waiting Period For Divorce

By Marcus Morales on Mar 13, 2018 in Articles, Divorce, Legal Separation

California Family Law Section 2339(a) states that no judgment of dissolution is final for the purpose of terminating the marriage relationship of the parties until six months have expired from the date of service of a copy of summons and petition or the date of appearance of the respondent, whichever occurs first.

Read more...

Interest On Family Law Judgments

By Marcus Morales on Mar 13, 2018 in Articles, Business Valuation, Child Custody , Child Support, Divorce, Legal Separation, Spousal Support

If your family law judgment does not have an interest on late payment clause, can you collect interest? “Part of a judgment of dissolution which awards money in lieu of an in-kind division of non-monetary community property is a money judgment on which interest accrues from the date of its entry.”

Read more...

In Re Marriage of Olson Changes Procedure For Seeking Modification of Child Custody and Child Support After Default

By Marcus Morales on Mar 13, 2018 in Articles, Child Custody , Child Support, Divorce, Legal Separation, Spousal Support

The Second District Court of Appeal recently held that a mother seeking a modification of child custody and child support, after she defaulted and did not file a response to the divorce action and judgment was entered against her, had standing to seek the modification. This is in contrast to prior cases which ruled the default precluded standing to the defaulted party.

Read more...

Reasonable Self Defense Is Not Abuse When Requesting Domestic Violence Restraining Order

By Marcus Morales on Mar 13, 2018 in Articles, Divorce, Legal Separation, Spousal Support

IRMO Valerie and Louis G, the court affirmed that within the meaning of family code section 6203 (domestic violence statute), a person who responds reasonably to an aggressor does not commit abuse.

Read more...

Are Term Insurance Proceeds Community Property or Separate Property

By Marcus Morales on Mar 13, 2018 in Articles, Business Valuation, Divorce, Legal Separation, Property Division

Generally, characterization of a term insurance policy (i.e. life insurance, homeowners insurance, etc.) depends on the source of funding of the premium for the final term of the policy

Read more...

Ask a Question

* Required



Clients Are Saying:

Mr. Morales was professional, courteous and fought hard for my family in my divorce case. He did not back down from any challenges. He stood up to the other attorney. When he is in court, he made my complicated divorce seem simple to the judge. The judge ended up ruling in our favor. Mr. Morales fights hard, is knowledgeable and will got the job done!

Featured Article

Take Our Information With You



Print Friendly and PDF