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May 22, 2018
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When most people think about spousal support, they think of support payable after a divorce is final. We refer to this as “permanent” spousal support. However, sometimes this support can be anything but permanent. Permanent spousal support awards can be granted for varying lengths of time. Pursuant to Family Code section 4330, the court may...
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Protecting Community Assets in Divorce: Employment-Related Benefits During the course of a marriage, spouses often accumulate a number of employment-related benefits, such as pension plans, retirement plans, deferred compensation, stock, bonus income, and severance pay. There is a wide range of employee benefits, provided by both private and public employers. Step 1: Ascertain the Benefits...
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No two marriages are the same, and for that reason no two divorces should be treated the same. Consequently, there’s no perfect method to resolving a divorce, but if you’re a spouse contemplating a divorce you should be aware that there are several different options you may choose. Regardless of how many options one may...
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On many occasions, at some time after parents have obtained a court-ordered custody and visitation plan, one party may desire to relocate to a distant location with the minor child.  A parent’s desire to relocate becomes an issue when the relocation prevents the other parent from having frequent and continuing contact with the child.  In...
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The amount of a child support or spousal support award is based on the actual income of both parties among other factors. However, the Family Code gives the court discretion to modify these support awards by looking at the “earning capacity” of a party who is underemployed or who refuses to work. “Earning capacity” is...
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After fifty years of marriage equality litigation, same-sex couples around the country are finally able to feel a sense of equality.  Although the language within the Constitution of the United States has not changed, it appears progress has been made because of the country’s ability to truly understand same-sex couples and the discrimination to which...
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In the commencement of any divorce proceeding, the initiating party must file a Petition with the Court.  Upon the filing of a Petition, a Family Law Summons is issued.  On the back side of every Summons are Automatic Temporary Restraining Orders, commonly referred to as “ATROS.” The Automatic Temporary Restraining Orders are four orders by...
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After the September 11th terrorist attacks, thousands of Americans left a spouse and children behind to enlist in the military to fight for our country.[1]  A few years later, some of these Americans returned to an ex-spouse and Court orders related to custody of and visitation with their children. For many of these service members,...
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The California Family Code does not impose penalties for extramarital affairs. Even so, a spouse who has been cheated on should seek to discover whether any gifts were secretly exchanged during the affair. If a spouse received gifts during an affair, these gifts may be counted as his or her assets. The value of each...
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