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, reducing and/or eliminating child and spousal support payments.

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 that LoanMe violated the California Invasion of Privacy Act (Privacy Act). Specifically, California Penal Code section 630, et seq. Smith alleged that LoanMe violated California Penal Code section 632.7 by recording a phone call with Smith without his consent while he was using a cordless telephone, and he claimed that a “beep tone” at the beginning of the call did not constitute sufficient notice that LoanMe was recording the call. (Id. at p.1)

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 actual rather than prophesied 1979 facts.” The Court of Appeal was referencing the trial court’s decision to award $500 per month in spousal support to wife with an automatic reduction to $1 per month at the end of five years and automatic termination of spousal support at the end of ten years.

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.

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 areas; and, it is certainly more than “just forms.” Here is an example of a case illustrating family law’s complexity and highlighting our right to freedom of speech.

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 attorney in New York at the time of publishing of this book, contributed an article entitled “The Family Law Negotiator: Successful Divorce and Family Law Settlements.” I had to tap the intellectual archives of second grade to remember how to cite to a source other than a case or statute, but, in an effort to avoid plagiarizing, I think I covered myself.

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 attempt to punish the other parent for wrongs real and imagined. The only people punished by such behavior are the children. But these battles and accusations all set forth in declarations and made a part of the public record are not without consequence beyond what one would normally expect. Parents should take heed before embarking on such a path.

There are numbers of ways that an amicable divorce can take place. For example, mediation, collaborative law and where one party is represented by an attorney and the other party is not. I want to focus on the last option, as it is a way I have helped a high percentage of my clients get divorced for over a decade. Here is how it works in brief.

I remember my first day of Community Property class in law school like it was yesterday. My instructor rattled off a few impressive cases that were "guaranteed" to make the class more than just an entire semester dedicated to which spouse gets the house and which spouse gets the business. Enter In re Marriage of Rossi (2001) 90 Cal.App.4th 34. I think I was already asleep, or partially there, when I was rattled out of my stupor by my professor's description of the facts in the Rossi case: "because the wife failed to disclose that she won the lottery to the husband during their dissolution of marriage proceedings, rather than awarding the husband his one-half, the husband was awarded ALL of the lottery winnings!" The entire class was flabbergasted.

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.

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 like this video and some issues addressed that I think are important.

A few years ago, I was appearing before a local family law judge. After this judge called his calendar, he then shared with the attorneys, their clients and everyone else in the court room some recent updates in the law. He also shared that he spent the weekend on his hands and knees in his chambers with post it notes, pens and a large calendar putting together a parenting plan for three parents and their children.

People do interesting things with real property and deeds before and during marriage. They add people onto title, take people off title or change the form of title for real and imaginary reasons with or without the assistance of attorneys. Sometimes, this creates problems and, worse case scenario, the loss of property to one spouse in a divorce.

Family law includes nearly every area of law; however, the purpose of this blog post is to explore some estate planning considerations in the context of a divorce. This post is limited to estate plans drafted in California and divorces taking place in California, as each state may have different laws.

If you have met with a family law attorney, have minor children and will likely need Court orders to determine custody and a parenting schedule, then please be prepared to provide the following information. This information will be used to help the Court understand why the custody and parenting schedule you are requesting is in the best interests of your minor children. Although you should always run this past your family law attorney, it may be immensely helpful if you copied and pasted the information below into the computer format of your choice {Word, e-mail. .. etc.), completed the information and then sent it to your family law attorney to be incorporated into documents for the Court.

A divorce is really a three step process: (1) initiate, (2) value and (3) settle/set matters for trial. In theory, it should not take longer than a few weeks to resolve all issues in a divorce case. Why divorces take longer may be because of mental illness, addictions, emotions, dishonesty and/or unethical attorneys. I have had people be honest about their income and assets and get their divorce cases done in a matter of weeks and I have had people be dishonest or bad tempered, perpetually, which drags the process out for everyone and results in too much money and time being spent. There are ways to diminish the impact of these obstacles and avoid your divorce dragging on. The solution is to strictly adhere to the three step process, be honest, stay in contact with your attorney and, if need be, set the matter for trial.

California Family Code sections 6203, 6211 and 6320 define abuse, essentially, as your spouse, former spouse, partner or the parent of your child causing, or attempting to cause, you or your children reasonable fear of imminent bodily injury. In layman's terms, abuse may consist of, for example, beating, cutting, kicking, threatening, stalking or raping you or your children. If any of these actions have recently been taken against you or your children, then call the police immediately!

The majority of family law clients reflexively state "full custody" or "50/50" when the topic of child custody arises in their family law matters. Family law attorneys then spend a good portion of time talking about the different types of custody and what is best for their client's children because "full custody" or "50/50" may or may not be appropriate.