Is my new spouse’s income (or “new mate income”) considered in child support calculations? Obviously, including a new mate’s income in child support calculations would have a significant impact on the amount of child support paid. The law states that the court cannot consider new mate income for the purpose of calculating child support except in extraordinary… [Read More about Is My Spouse’s Income Included When Calculating Child Support?]
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Drug and Alcohol Testing in Child Custody Cases
An issue in some child custody cases which unfortunately is coming too common is the use of drugs and alcohol by a parent. Many parents that know or suspect that the other parent is using drugs or abusing alcohol wants the ability to test that parent and have the court make orders regarding that parents use. However, the court… [Read More about Drug and Alcohol Testing in Child Custody Cases]
Will my spouse have to pay my attorney fees?
A common and important question in a divorce proceeding is will my spouse have to pay my attorney fees? There are two sources of authory for fees and costs awards in dissolution, legal separation and nullity actions. The first is need-based awards pursuant to Family Codes 2030 and 2032 and the second is an award of… [Read More about Will my spouse have to pay my attorney fees?]
The Nullity Basics
I have given many consultations where the person believes he or she is entitled to a nullity or annulment. They have a misconception that courts freely and often hand out nullity judgments. This could not be further from the truth. A nullity (or annulment) is the most uncommon and one of the most difficult judgments to obtain… [Read More about The Nullity Basics]
The Changing of Title or the Character of Property During Marriage
During marriage it is common for the title or character of property to change. This process is called a transmutation. A transmutation is a transaction or agreement that changes the character of property. Even a gift is a transmutation. Spouses may transmute by agreement or transfer the following property with or without consideration: (1) community property to the separate… [Read More about The Changing of Title or the Character of Property During Marriage]
