Articles by category: Divorce

Divorce

Santa Barbara Divorce Law- Reply Brief

By Marcus Morales on Jul 23, 2018 in Divorce

“The general rule of motion practice, which applies here, is that new evidence is not permitted with reply( papers.” Jay v. Mahaffey, 218 Cal.App.4th 1522, 1537 (2013). Declarations submitted with a reply should not address the substantive issues in the first instance but should only fill gaps in the evidence created by the opposition. Id at 1538.

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Custody: Move Away Cases Santa Barbara

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

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

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

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Bonus pay, Overtime pay, Child and Spousal Support Order

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

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Six Month Waiting Period For Divorce

By Marcus Morales on Mar 13, 2018 in Divorce, Articles, 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.

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Interest On Family Law Judgments

By Marcus Morales on Mar 13, 2018 in Divorce, Articles, Business Valuation, Child Custody , Child Support, 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.”

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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 Divorce, Articles, Child Custody , Child Support, 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.

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

By Marcus Morales on Mar 13, 2018 in Divorce, Articles, 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.

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Are Term Insurance Proceeds Community Property or Separate Property

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

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What if My Spouse Spends Too Much Money?

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

Ordinarily, to the extent martial expenses reflect marital lifestyle, the focus should be on actual expenditures during the marriage- NOT ON THE APPLICANT SPOUSE’S “ESTIMATED” EXPENSES BASED ON THE “WISHES AND DESIRES” FOR A PARTICULAR LIFESTYLE.

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