Barefoot Blog
Van Camp: A Historical Perspective
California law uses two formulas to calculate the community property interest which accumulates during a marriage in a separate property business. The first, Pereira v. Pereira (1909) 156 Cal. 1, dealt with a saloon and cigar business. The analysis the court used is...
Custody and Final Judgments
Your brand-new client forwards you an e-mail. It contains a Request for Order from their ex-spouse, requesting modification of custody. On the phone, they tell you, “I don’t understand! We had a judgment on child custody two years ago! How can they be doing this?”...
Power of Attorney for Young Adult Children
Having a Power of Attorney arrangement in place with one’s adult child can provide both parent and adult child with a great deal of peace of mind. A Power of Attorney (POA) is a legal document that gives someone else the authority to act on your behalf in a specific...
Equitable Offset of Child Support
Modification and Equitable Offset of Child Support So here is a question. If you owe child support for a child, and the child come to live with you, do you still owe child support? The short answer is that if a child support order be in place, you will continue...
Fourth Annual All-Inclusive Day of Play and Resource Fair
The fourth annual All-Inclusive Day of Play and Resource Fair was held in tandem with the Grand Opening of Park de la Cruz Community Park on Saturday, September 25, 2021. The annual All-Inclusive Day of Play event is organized by the Special Needs Resource Foundation...
Irreconcilable differences
Last month, a judge in Kentucky made a decision unusual enough to be reported in legal news sites - he denied a divorce, not on procedural grounds, but because the marriage between the couple was not actually “irretrievably broken.” He cited the unusual courteousness...
Abduction
Abducting a child is a crime in California; we all understand that, but here is a more-difficult question: “Can a parent, whose parental rights have not been terminated, be guilty of abducting her/his own child, even if there be no child custody orders in effect?” The...
Knapp v. Ginsberg
In anticipation of marriage some parties do not feel the need to discuss in detail a premarital agreement. At times it could feel that discussing in detail the terms for a premarital agreement can deromanticize the upcoming nuptials. The validity of a premarital...
COVID-19 in Family Law
The COVID-19 pandemic created many new issues in family law matters. Such issues include child visitation interruptions due to health risks, new and uncertain health and wellness decisions for the children, and financial issues such as who gets the stimulus checks or...
Third party co-parenting app/systems
Co-parenting can be very emotionally charged during the dissolution of a marriage or partnership, and harmonious effective communication can require extra work and self-editing. This extra work can be the most impactful work you do for the well-being of children...
Goals for Autism v. Rosas
Any attorney whose practice involves restraining orders in San Diego is familiar with one thing – the uncertainty of what will happen at the initial hearing date. That first date will see anywhere from fifteen to twenty-five cases all set for the same three-hour...
Advocacy – To Tape Record Or Not, And How…
To tape record or not and how... by Allan Roth, Consultant, Alliance Resources and Associates, Inc. In our office, we suggest all parents tape all IEP meetings. The best method is to use a digital tape recorder with fresh batteries. Ideally, you have all of your files...
The IEP- Individual Education Plan Should Tell A Story. Does Yours?
While the order of items is not exact and the names of the items might have a slight variation, all of these components need to be in the IEP, with the information complete and accurate.
Here is a common sequence of an IEP with an explanation listed below for each of the items:
Know Your Rights Before Donating Sperm
Being a sperm donor does not necessarily foreclose the ability to obtain parental rights under Family Code §7611(d). Pursuant to Family Code §7613(b)(1), a sperm donor whose donation is provided to a licensed physician and surgeon or a licensed sperm bank for use in...
Sanctions for Failure to Disclose Assets in a Divorce
Sanctions for Failure to Disclose Assets in a Divorce Division 4 of the California Family Code addresses marital rights and obligations. Within that division, section 721 recognizes the confidential relationship held by spouses. That relationship is a fiduciary...
How Do I Reduce or Modify My Permanent Spousal Support Obligation?
HOW DO I REDUCE OR MODIFY MY PERMANENT SPOUSAL SUPPORT OBLIGATION? If you have a Marital Settlement Agreement / Divorce Judgment that orders you to pay spousal support to your ex spouse, and you wish to have it changed, the burden is on you to show a material...
Allies All Around
A previous installment, “Enemies in the House,” I began the story of Silas and Regina, parents of a child on the autism spectrum named Belisario (“Belly”). These characters are synthesized from real people with common traits and common stories. Summary: Silas and...
Evidence of Fault
California’s “no fault” divorce law does not prohibit the court from considering evidence of fault when deciding the issue of spousal support. Family Code §4320, the primary statute governing determination of spousal support orders in California, sets forth a number...
Recent Case deals with Grave Risk of Harm Defense under The Hague Child Abduction Convention
The Hague Convention on Civil Aspects of International Child Abduction was adopted in 1980 in response to the problem of international child abduction during domestic disputes. The United States is a contracting state to the Convention, and Congress has implemented...
All Income is Income Available for Child Support, Except When It Isn’t
In California, child support is calculated by a guideline formula, in which the key factors are each parent’s “net monthly disposable income” and each parent’s relative time over which the children are in their physical care (aka “timeshare”). Family Code §4055. How...