Q&A and Blog > Blog

Wage Garnishment is Not a Swift Process, So Take a Seat

Garnishing wages is not as easy as some think. This is a good thing, because we want obstacles before this process is put in place. Once it is in place, it takes time to remove a garnishment order, which is why some obstacles are good. Here are the...

Read More

Path of a Divorce Case

How long will my case take? This process is confusing. Why am I doing all of this work up front? Common questions I hear from family law clients and rightly so. Dissolving a marriage does sometimes take longer than all of us would like. The process...

Read More

Cutting Off a Spouse Financially

I believe every person, even those in relationships and marriages, should work; part-time or full-time. My reasoning is two-fold and founded upon the high cost of living in today’s world. (1) Even if your spouse or significant other is gainfully...

Read More

“But I was Told I Can’t Leave the House”

Potential family law clients in California will invariably recite during the initial consultation that they were told by a friend, neighbor, estate planning attorney…etc. that they cannot move out...

Read More

Continuous Cash Gifts and the Williamson/Butterfly Effect on Spousal and Child Support

Continuous cash gifts from the parents of a spouse to that spouse or from the parents of a co-parent to that co-parent are magical. The cash gifts keep coming month after month with regularity and then, enter a family law action, they suddenly...

Read More

Tracing 3.0

We have a new case on tracing and it’s wonderful. Enter In re Marriage of Ciprari (2019) 32 Cal.App.5th 83.   On appeal, wife challenges the trial court’s characterization of a majority of the cash and securities held in commingled...

Read More

Dead Animals and Trash – An Ode to Imputation of Income

I use the term “ode” loosely here as this is obviously not a poem. But, a highlight of a legal reality. Welcome to imputation of income; the ability of a Court to determine that a party can earn a certain amount of money each month, thus,...

Read More

Party of One – Privacy: A Must Read for Everyone Who Uses a Phone

In Smith v. LoanMe, Inc. (2019) Super.Ct.No.RIC1612501, I am not impressed with the facts of the case; but, I am impressed with the reasoning and the conclusion. Jeremiah Smith filed a class action complaint against LoanMe, Inc. (LoanMe), alleging...

Read More

Spousal Support and Prophecy

In In re Marriage of Andreen (1978) 76 Cal. App.3d 667, 673 the Court of Appeal gave one of my top favorite lines in a family law case: “It is much more realistic (and at least fair) to appraise the parties’ 1979 situation by measure of...

Read More

A Fool Has Himself for a Lawyer, Or Does He? — Goodwill and Business Vals

I present In re Marriage of Rosen (2002) 130 Cal.App.4th 808. In this gem of a case, we get a nice understanding of the significance of the goodwill value in business valuations.   Bruce and Pat Rosen were married for 12 years. Bruce was a...

Read More

Family Law and the Constitution – Not Mutually Exclusive

So often I tell people what area of law I practice, and I am met with rolled eyes, groans or comments such as family law is “just forms.” In my opinion, family law is the most difficult area of law to practice because it encompasses all...

Read More

Dealing with The Difficult Lawyer

I had the good fortune, and open mind, to stumble across a book published in 1991 and entitled American Bar Association Section of Family Law Ultimate Trial Notebook I. This book is truly an oldie and a goodie. Robert B. Moriarty, Esq., a family law...

Read More

Retirement Age, Spousal Support & Documents – Common Issues in a “Grey” Divorce

The terms “grey divorce,” “silver splitter” or “diamond divorcees” are terms used to refer to a demographic trend of an increasing divorce rate for older couples in long-lasting marriages. These particular types of...

Read More

Child Custody – A Powerful Case Showing the Power of the Family Law Judge

Bitter custody battles and malicious, atrocious and unfounded accusations are common in child custody cases. Declarations are written with spite, malice and outright disregard for the sanctity of preserving and protecting a normal childhood all in an...

Read More

Preventative Law – Legal Custody

As I was preparing a child custody case for litigation this week, I thought it would be useful to write about legal custody in a preventative law type of context. Legal custody is essentially the right and responsibility of making decisions...

Read More

An Amicable Divorce – Is it Possible?

The short answer is yes! Absolutely! Expectations need to be managed as even in the best of situations there still can be hostility and, consequently, hiccups. But, these hiccups can be worked through. There are numbers of ways that an amicable...

Read More

Spousal Support – The Devil is in The Details

This month’s blog highlights two old, but good cases. The first, In re Marriage of Romero (2002) 99 Cal.App.4th 1436, deals with a question I get asked every so often “Will my new spouse’s income be factored into my spousal support payment to my...

Read More

Deeds – Another Case on Deeds, Another Case on Sharing (Appreciation Included)

In re Marriage of G.C. and R.W. (2018) 23 Cal.App.5th 1, certified for partial publication, really challenges your cerebral cortex and highlights the complexity of modern-day divorce cases. Its also begs for a timeline, and a map: 2002 –...

Read More

“From Conflict to Agreement” – A Parenting Video

Not surprisingly, my favorite court has released an outstanding video giving parents in family law matters tools they can use to reduce their conflict and optimize child-focused resolution to their child custody disputes. Here are some reasons why I...

Read More

Schnabel Says “You have to disclose.”

In a divorce, a spouse cannot hide behind a corporation and fail to produce relevant records. It does not work. We see why in Schnabel v. Superior Court (1993) 5 Cal.4th 704. In Schnabel, husband was employed by a close corporation and was record...

Read More