Archive for the 'Family Law' 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 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 [...]

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 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 [...]

In a child custody case, what if the other person has committed domestic violence against me?

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 [...]

If I never married my boyfriend or girlfriend but we lived together, can I still get support from them?

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 [...]

What if I can’t afford attorney’s fees? Can the court make my ex-spouse pay for my attorney’s fees?

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 [...]

How can I reduce the amount of spousal support I will need to pay?

Tuesday, September 8th, 2009

What if my ex-spouse is not working but should be and they’re requesting spousal support?
Under California Family Code Section 4331, in a divorce or legal separation, a party seeking spousal support may be forced to submit to an examination by a vocational training counselor. The Code states that: “The examination shall include an assessment [...]