California is a no-fault divorce state, which, broadly speaking, means allegations of fault are “improper and inadmissible”. (California Family Code Section 2335) When a party files a Petition for Legal Separation, Dissolution of Marriage or Dissolution of a Domestic … [Read more...]
Should a Trust fund beneficiary’s net disposable income be used to calculate child support?
In a client's California divorce, a trust fund beneficiary's attorney argued that, for purposes of calculating child support, the beneficiary's income available for support should only include his net disposable income and not the tens of millions of dollars held in trust for his … [Read more...]
Are gifts and inheritance separate property under California community property law?
You received gifts and inheritance during the marriage while you were domiciled in California (post-1975). Now you want to know, are the gifts or inheritance separate property under California Community Property law? Property acquired during marriage by gift, will, or … [Read more...]
What are physical and legal custody in California?
If you're separating or getting divorced with kids, you'll need to understand and establish physical and legal custody in California. Here is an introduction to need-to-know terminology and concepts. The first important concept to understand is that custody is split in two … [Read more...]
How to collect past due child support in California
If someone owes you past due child support you need to collect in California, here are twelve things you want to know. 1. California's Department of Child Support Services charges minimal fees to collect past due child support for members of the general public 2. A … [Read more...]
Who pays the student loans in divorce in California?
Unless it would be “unjust," or a married couple otherwise agrees in writing, California Appellate court's have held that, a spouse's student loans "must be assigned for payment to the spouse who obtained the education or training." (California Family Code Section 2627) But, if … [Read more...]