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Understanding Child Support and the Role of the Department of Child Support Services (DCSS) in California

Posted by Michael Geller | Sep 01, 2024 | 0 Comments

Child support is a crucial aspect of family law in California, ensuring that children receive the financial support they need from both parents after a separation or divorce. Whether you are the custodial or non-custodial parent, understanding how child support works and the role of California's Department of Child Support Services (DCSS) can help you navigate this essential part of family law more effectively.

New Child Support Changes Effective September 1, 2024

Posted by Michael Geller | Aug 01, 2024 | 0 Comments

If you’re going through a divorce or dealing with child support issues in California, it’s important to stay informed about recent legislative changes that could impact you. Senate Bill 343 (SB 343), effective September 1, 2024, introduces significant updates to child support laws in California. These changes aim to create a fairer and more accurate system for determining child support obligations. Here’s what you need to know about SB 343 and how it could affect your child support arrangements.

Understanding Narcissism in California Family Law: Divorce, Child Custody, and Domestic Violence

Posted by Michael Geller | Jul 01, 2024 | 0 Comments

Navigating family law issues can be particularly challenging when dealing with a narcissistic spouse or partner. In California, family law encompasses various aspects such as divorce, child custody, and domestic violence, all of which can be significantly impacted by the presence of narcissistic behavior. This blog aims to shed light on how narcissism affects these areas of family law and provide guidance on addressing these issues effectively.

Navigating Marital Real Estate Division in California Divorce Proceedings

Posted by Michael Geller | Jun 01, 2024 | 0 Comments

Divorce can be a challenging and emotionally taxing process, especially when it comes to dividing assets like real estate. In California, where property division follows community property laws, the stakes are high, and the process can be complex. Marital real estate, often one of the most valuable assets in a divorce, requires careful consideration and legal expertise to ensure a fair and equitable distribution.

What Is A Gavron Warning?

Posted by Michael Geller | May 01, 2024 | 0 Comments

In the intricate world of family law, where emotions often run high and stakes are deeply personal, there exists a legal safeguard known as the "Gavron Warning". Named after the landmark California case, Marriage of Gavron (1988) 203 Cal.App.3d 705, this warning holds significant importance in matters of spousal support, particularly in ensuring financial independence and accountability post-divorce.

Rebutting Family Code Section 3044 Presumptions: A Legal Guide

Posted by Michael Geller | Apr 01, 2024 | 0 Comments

In the realm of family law, California Family Code Section 3044 plays a significant role in safeguarding the best interests of children in cases involving allegations of domestic violence. This statute establishes a presumption against awarding custody or visitation rights to a parent who has been found to have perpetrated domestic violence against the other parent or the child. While this presumption serves to protect vulnerable parties, it is not absolute, and there are avenues for rebutting it under certain circumstances. Understanding how to effectively rebut the presumptions outlined in Family Code Section 3044 is crucial for parties navigating custody and visitation disputes in California family courts.

Understanding Paternity Rights of Unmarried Fathers in California

Posted by Michael Geller | Mar 01, 2024 | 0 Comments

Establishing paternity is crucial for unmarried fathers in California who wish to secure their parental rights and responsibilities. Unlike married fathers, unmarried fathers do not have automatic legal rights to their children. Therefore, understanding the process and implications of establishing paternity is essential for protecting the father-child relationship.

Understanding Soberlink and Its Use in Child Custody Cases

Posted by Michael Geller | Jan 01, 2024 | 0 Comments

Child custody battles can be some of the most challenging and emotional aspects of a divorce. When issues of substance abuse are involved, these cases become even more complex. One tool that has proven to be invaluable in such scenarios is Soberlink. This device and its accompanying technology provide a reliable way to monitor sobriety, ensuring the best interests of the children are prioritized.

Understanding the Buyout of Spousal Support in California Divorces

Posted by Michael Geller | Dec 01, 2023 | 0 Comments

Divorce can be a complex and emotionally taxing process, often involving the division of assets and the establishment of spousal support. One option that divorcing couples in California might consider is the buyout of spousal support. This arrangement allows one spouse to pay a lump sum to the other, in lieu of ongoing monthly support payments. Here's a closer look at what a spousal support buyout entails, its benefits, and potential drawbacks.

Understanding California Family Code Section 4320: Factors in Determining Post-Judgment Spousal Support

Posted by Michael Geller | Nov 01, 2023 | 0 Comments

Spousal support, often a contentious issue in divorce proceedings, is critical in ensuring financial fairness between parties post-divorce. In California, Family Code Section 4320 outlines the factors courts consider when determining post-judgment spousal support. This blog delves into the specifics of Section 4320, providing insights into how courts make these important decisions and what parties can expect during this process.

Attorney's Fees In Domestic Violence Cases Under California Family Code Section 6344

Posted by Michael Geller | Oct 01, 2023 | 0 Comments

Navigating the legal system can be particularly challenging for survivors of domestic violence, especially when it comes to the financial burden of legal representation. Recognizing this, California Family Code Section 6344 includes provisions for the awarding of attorney's fees in domestic violence cases. This blog explores the key aspects of attorney's fees under Section 6344, highlighting how this provision aims to level the playing field and ensure access to justice for all parties involved.

The Impact of Domestic Violence on Child Custody in California: Understanding Family Code Section 3044

Posted by Michael Geller | Sep 20, 2023 | 0 Comments

Child custody battles can be emotionally charged and legally complex, especially when domestic violence is involved. In California, Family Code Section 3044 plays a pivotal role in determining child custody arrangements when there is a history of domestic violence. This blog post explores how domestic violence affects child custody in California and delves into the details of Family Code Section 3044.

Navigating Family Code Section 3027.1: False Child Abuse Allegations

Posted by Michael Geller | Sep 10, 2023 | 0 Comments

Family law proceedings can be emotionally charged and contentious affairs, particularly when child custody is at stake. In California, Family Code Section 3027.1 aims to address the serious issue of false child abuse allegations in such cases. This legal provision serves as a crucial safeguard to ensure that the best interests of the child are protected while preventing the misuse of allegations for personal gain or revenge. In this blog, we will explore the implications of Family Code Section 3027.1 and how it works to strike a balance between protecting children and safeguarding against false accusations.

Does Child Support Affect Credit?

Posted by Michael Geller | Sep 01, 2023 | 0 Comments

Child support is a crucial aspect of family law, ensuring that children receive the financial support they need when their parents are separated or divorced. While the primary goal of child support is to provide for the child's well-being, it may come as a surprise to many that it can also have an impact on one's credit. In this blog, we'll delve into why child support affects credit and the implications it can have on individuals involved in such arrangements.

California Family Code Section 3025: Equal Access to Child Records for Non-Custodial Parents

Posted by Michael Geller | Aug 15, 2023 | 0 Comments

In the realm of family law, ensuring the well-being of minor children is of paramount importance. California Family Code Section 3025 addresses a critical aspect of this concern by guaranteeing equal access to records and information pertaining to a minor child, regardless of the parent's custodial status. In this blog post, we will delve into the specifics of California Family Code Section 3025, emphasizing the importance of granting non-custodial parents access to essential child-related information.

Unpacking Family Code Section 2640: Protecting Your Separate Property in California

Posted by Michael Geller | Aug 01, 2023 | 0 Comments

When it comes to marriage and property in California, the rules can be quite complex. One of the crucial statutes you need to be aware of is Family Code Section 2640. This section is designed to protect your separate property interests during a marriage and plays a significant role in the event of a divorce. In this blog, we'll dive deep into Family Code Section 2640, exploring what it is, how it works, and why it matters to you.

Jewish Marriage and Divorce: Understanding the Significance of the "Get"

Posted by Michael Geller | Jul 01, 2023 | 0 Comments

Marriage holds profound importance in Jewish culture and religion, representing the union between two individuals and the building of a family. Similarly, divorce, though regrettable, is recognized as a necessary process within Jewish law. In the context of Jewish marriage and divorce, the "get" plays a pivotal role. This blog explores the significance of Jewish marriage, the process of obtaining a get, and the importance of the get in the dissolution of a Jewish marriage.

The Marital Standard of Living in California Divorce Cases

Posted by Michael Geller | Jun 01, 2023 | 0 Comments

Divorce is an emotionally challenging experience that often entails the division of assets and determination of spousal support. In California, one critical factor that influences the outcome of these proceedings is the marital standard of living. Understanding the significance of the marital standard of living is essential for both parties involved in a divorce. This blog will delve into the concept of marital standard of living in California divorce cases and shed light on its implications.

Can I Get My Spouse To Pay My Attorney's Fees?

Posted by Michael Geller | May 01, 2023 | 0 Comments

Family Code Section 2030 is a provision of California's Family Code that aims to level the playing field in family law cases by providing financial assistance to the party who earns less income or has fewer resources. This assistance is intended to ensure that both parties have equal access to legal representation, and that the legal process is fair and just for all involved.

What is a QDRO?

Posted by Michael Geller | Apr 01, 2023 | 0 Comments

A Qualified Domestic Relations Order, or QDRO, is a legal document that is specific to California Family Law. It is used to divide retirement benefits between spouses during a divorce or legal separation. Retirement benefits can be a significant asset, and dividing them fairly is crucial to ensure both parties are provided for in the future.

What Are Watts Charges and Epstein Credits?

Posted by Michael Geller | Mar 01, 2023 | 0 Comments

During divorce proceedings in California, you may hear some odd terminology and shorthand references. For example, during your divorce, you may hear references to “Epstein credits” and “Watts charges” and wonder, “what are these lawyers talking about?” Gain insight into these topics.

What is a Moore Marsden Calculation?

Posted by Michael Geller | Feb 01, 2023 | 0 Comments

If you are going through a divorce in Contra Costa County involving real property, you may hear a reference to the term “Moore/Marsden calculation” and wonder, “what does that actually mean?” Here is the answer: Moore and Marsden are shorthand references to two seminal divorce cases decided by the California Supreme Court and the California Appellate Court in 1980 and 1982 respectively. These cases addressed the issue of how to determine the community property interest in a home. The two cases established that when the community in a marriage pays down principal, the community may receive a dollar-for-dollar reimbursement as well as a pro tanto (as far as it can go) share of the property’s appreciation from the date of marriage to the date of the trial. Thus, we have the Moore Marsden calculation.

What are Sanctions Under California Family Code Section 271?

Posted by Michael Geller | Jan 01, 2023 | 0 Comments

Both the California legislature and court system encourage spouses to do their best to try and reach amicable settlements to resolve divorce conflicts as quickly and efficiently as possible. So, when a spouse attempts to drive up the cost of a divorce proceeding by being difficult, unreasonable, etc. they can actually be reprimanded and sanctioned for their misconduct.

What is the DissoMaster?

Posted by Michael Geller | Dec 01, 2022 | 0 Comments

Some of the most hotly contested and complex issues in California divorce proceedings pertain to child support and spousal support payments. In an effort to systemize and standardize child support and spousal support payment obligations, both family law practitioners and California courts routinely rely on “DissoMaster” software. This software enables legal professionals to enter specific financial figures provided to the court through financial disclosures to calculate the amount owed, if any, for child support and spousal support. In fact, the Superior Court of California has relied on DissoMaster in divorce cases for over two decades.

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