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...]
Preparing for a child custody battle?
"Children typically suffer pain, confusion, and insecurity when their parents separate. They are hurt by outbursts of anger, bitterness, a lack of respect, an inability to communicate, and the overt hostility that can repeatedly flare up between battling parents." ~Through the … [Read more...]
7 tools for collecting evidence in divorce in California
A spouse/partner must cooperatively, fully and fairly disclose all assets and liabilities while legally separating and/or dissolving a marriage or domestic partnership in California. (California Civil Discovery Act) As a general rule, all unprivileged information that is … [Read more...]
How to Ask your spouse to use divorce mediation
Even if you're fighting like cats or suspect your spouse has a narcissistic personality disorder, you still may resolve complicated issues peacefully through divorce mediation. Written agreements signed in mediation are enforceable as court judgments under California Code of … [Read more...]
How to determine the house value in divorce
You and your spouse own a home together. One of you wants to buy the other out to divide the community property equally. How do you determine the house value in divorce and calculate the equalization payment? If you negotiate a marital settlement agreement or stipulated … [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...]
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