Archive for November, 2009
Wednesday, November 25th, 2009
Yes, You Can Change The Amount Of Your Child Support Payments
Fathers and mothers in a child support case can agree, or stipulate, to a certain amount of child support payments, or they can have the court determine the amount of child support payments each party should contribute.
Once an agreement or stipulation has been made between [...]
Filed under: Child Support, Divorce, Family Law | No Comments »
Wednesday, November 25th, 2009
Why Your Lawyer’s Incompetence Can Really Cost You:
In an divorce case, a court can order that a party (husband or wife), rather than the party’s lawyer, pay certain lawyer’s fees incurred by his/her former spouse. A judge can do this under the California law Civ. Code § 4370.6, which awards lawyers fees as a sanction [...]
Filed under: Divorce, Family Law | No Comments »
Sunday, November 22nd, 2009
Is There Anything I Can Do When The Law Has Indiscriminately Enforced Against Me?
A court cannot preclude from the discovery process evidence of discriminatory enforcement of the law against defendants and can be a valid defense in state and federal criminal proceedings. Criminal defendants may obtain a discovery order directing the prosecutor to produce information [...]
Filed under: Criminal Defense, Felony, Misdemeanor | No Comments »
Saturday, November 21st, 2009
A Domestic Violence Conviction Will Greatly Affect The Outcome Of A Child Custody Case
California Family Code section 3044 states that a parent who has committed acts of domestic violence towards the other parent and is seeking custody of the children must prove to the judge that custody with the perpetrating parent is [...]
Filed under: Child Custody, Family Law, Restraining Orders | No Comments »
Friday, November 20th, 2009
Controlled substance convictions may affect immigration status
In Bermudez v. Holder, a court recently ruled that possessing “a pipe and/or packets” that are used with the drug methamphetamine is a violation of the state law “relating to a controlled substance.”
Specifically, California’s law relating to controlled substances makes it unlawful to possess an opium pipe or any [...]
Filed under: Criminal Defense, Drug Charges, Marijuana Charges | No Comments »
Wednesday, November 18th, 2009
People in a nonmarital relationship have rights upon a separation
In the case Marvin v. Marvin, a woman brought an action against a man with whom she had lived for approximately six years, but was never married to, in which she alleged that she and the man entered into an oral agreement that during the time [...]
Filed under: Divorce, Family Law, Spousal Support | No Comments »
Sunday, November 15th, 2009
When can the police conduct a search?
Searches conducted by police officers are lawful if the police have a legitimate reason to conduct the search. To determine if a search is lawful, a court will base its decision on circumstances known to the officer when search is conducted. The police may not conduct a search and [...]
Filed under: Criminal Defense, Warrantless Searches, parole | No Comments »
Thursday, November 12th, 2009
Child custody can be a difficult situation when one parent moves away from the other parent.
First, there are two types of child custody under California’s Family Code. “Legal custody” refers to the right and responsibility to make decisions relating to health, education, and welfare of the child. “Physical custody” [...]
Filed under: Child Custody, Child Support, Divorce | No Comments »
Tuesday, November 10th, 2009
The Court Can Make An Order Forcing Your Ex-Spouse To Pay For Your Legal Fees
The trial court’s order for a husband to pay spousal support, child support, and his wife’s legal expenses in the case of In re the Marriage of Keech left the husband with only $93 per month for all his other necessary [...]
Filed under: Child Support, Community Property, Divorce, Family Law, Spousal Support | No Comments »
Monday, November 9th, 2009
An Attorney May Represent Both Parties in a Divorce Case
An attorney is allowed to represent both a husband and a wife in a marriage divorce proceeding under certain circumstances. Each spouse needs to consent to a dual representation after being fully informed and understand the effects this situation can create. An attorney who attempts to [...]
Filed under: Child Support, Community Property, Divorce, Spousal Support | No Comments »