Archive for the 'Divorce' Category

The court granted me a money judgment in a Family law case but the other party won’t pay. Is there anything I can do??

Tuesday, January 5th, 2010

Yes, there is. There are different methods and steps to take in order to collect on a family law judgment in California that has been made in your favor.
When you are looking to collect on a family law judgment, not referring to child or spousal support, the first step if the court ordered date [...]

Can the court look at my new spouse’s income when determining what child support my ex-spouse should pay?

Sunday, December 27th, 2009

NO, unless under a very narrow exception of extreme hardship, the court cannot look at your new spouses income in calculating the amount your ex-spouse should pay in child support.
After a divorce or when there are children involved in a case, for child support or child custody, the case will last for years with modifications [...]

What Are My Rights if I Owned A Business Before My Marriage But Worked At It During The Marriage? What Could The Court Do?

Wednesday, December 23rd, 2009

Your rights to the business that you owned prior to marriage but worked at during marriage would depend on a few different factors, as explained below, but you do have rights!
In California, the courts apply different formulas to deal with the distribution of property and assets that the couple owned during their marriage. In [...]

What if my previous lawyer failed to do work on my divorce case? Can the court hold that against me?

Tuesday, December 22nd, 2009

If your previous lawyer failed to adequately represent you in your case you still have rights but the court may mistakenly hold it against you in your case and order you to pay attorneys fees, sanctions, or other penalties by the court.
Unfortunately there are times when you hire a divorce lawyer and they fail to [...]

What If I’m Making Payments on Debt That Me And My Ex-Wife or Ex-Husband Accumulated During The Marriage?

Friday, December 18th, 2009

An Ex-Wife or Ex-Husband Who Makes Payments On Community Property Debt During A Divorce Case Will Be Reimbursed For Those Payments By The Other Spouse.
Many times when couples separate there are issues with community money being used to pay a spouse’s separate expenses while the dissolution is pending and they are living separate. There [...]

How Can I Get An Annulment?

Tuesday, December 15th, 2009

You Can Get An Annulment Of Your Marriage If The Marriage Was Based Upon Fraud
Often times when a party is seeking a permanent separation from their spouse they would prefer it if the marriage had never existed. Legally that is a possibility if the reason for the divorce meets certain legal standards and if [...]

If I Can’t Afford An Attorney For My Divorce, Do I Have Any Options To Get An Attorney?

Monday, December 14th, 2009

Yes, You Have Options To Get An Attorney If You Cannot Afford One In Your Divorce Case!
Often times when you are considering a divorce there are financial burdens that make hiring an attorney seem impossible due to the expenses that are commonly believed to come along with that. However, what most people don’t know [...]

Can I Get Child Support In California If The Child Lives With Me In Another Country?

Sunday, December 6th, 2009

California Superior Courts Have Jurisdiction Over Child Support Cases Even If The Children Are Living Abroad
Child support and child custody are two important aspects that arise in divorce cases where children are involved. Child support refers to the monetary support that parents are required to pay to support the child after a separation or divorce. [...]

Can I Lower My Child Support Payments If I Have Agreed To Pay More Than I Should?

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 [...]

Why It’s Important To Hire a Good Lawyer For Your Family Law Case: You Might Have To Pay Your Ex-Spouse’s Attorney’s Based On Your Lawyer’s Incompetence

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 [...]