A child support order is just that – an order. Once ordered, it is not optional. However, $14.3 billion in child support remained unpaid in the United States in 2011. Child support in California is determined by a mathematical formula which is set forth at Family Code Section 4055 (the…
The Petition breakdown wraps up today. The Judicial Council updated the Petition and Response as of January 1, 2015. The information contained in the pre- and post-updated forms are (for the most part) the same. However, in seeking to complete the task at hand (a walk-through of…
One might find it odd for a family law (aka divorce) blog to post a link to a study that highlights the positives of staying married. But family law attorneys are not there to make someone get divorced; they are there to help guide a party through the process and…
Prenuptial Agreements are back in the news. What is a prenuptial agreement (or “prenup” for short)? A prenup is an agreement between prospective spouses that sets forth the parties’ property rights and financial responsibilities at marriage. A prenup can address any number of issues including, but not limited…
The actress Halle Berry took her ex husband to court for straightening their daughter’s hair without her consent. The news article is located here. Leaving aside any racial component, a child’s appearance falls under “legal custody”. As noted previously, certain decisions require joint agreement, and if the parties cannot…
In a dissolution proceeding, the Court has jurisdiction (or power) to make custody and visitation orders. Joint legal custody means that both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child. Fam. Code § 3003….
In Oklahoma this week, a court ordered a husband to pay approximately $1,000,000,000 in “property division alimony” to his former wife. Click here or here for the complete story. While California does not have “property division alimony,” the case provides a good starting point with regard to property division and…
A recent Doonesbury cartoon should remind all family law parties to watch what they post to their Facebook page. While the comic focuses on potential adultery (not a specific ground for dissolution in California), Facebook and other social media posts can potentially impact support and custody/visitation decisions. For…
Surrogacy is defined as “the practice by which a woman (called a surrogate mother) becomes pregnant and gives birth to a baby in order to give it to someone who cannot have children” (Merriam-Webster). Laws vary state to state as noted in this recent New York Times article….
Family law is usually considered a state law issue – removed from federal and constitutional issues. However, gay marriage and even grandparent visitation rights are two family law issues impacted by the U.S. Constitution. Is there a constitutional right to gay marriage? Can a parent deny visitation to a grandparent? The Constitution has…