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Bay Area Family Law Center Lawyer Blog

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California Court Discusses Liability for Child Support Arrears

When parents share custody of a child, it is not uncommon for the court to order the higher-earning parent to pay child support. The parties’ income can change over time, however, making modifications of child support orders necessary. As explained in a recent California case, such changes do not change…

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California Court Discusses Grounds for Sanction in Custody Actions

The California courts generally find that it is in a child’s best interest to maintain a relationship with both parents. As such, if one parent attempts to obstruct the other parent’s right to custody or visitation in opposition to applicable court orders, it can have serious consequences. As illustrated in…

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California Court Discusses Sanctions in Divorce Actions

Under California law, the courts can impose sanctions in divorce cases to discourage behavior that hinders the resolution of disputes and unnecessarily prolongs court proceedings. Such sanctions must warranted, though, otherwise, they may be vacated. In a recent California divorce action in which the wife appealed a sanctions order against…

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California Court Discusses Continuing Jurisdiction in Child Support Actions

In many divorce actions in which parents have joint custody, the courts will deem it necessary to order one parent to pay the other support. As child support obligations are largely income-based, in cases in which a parent’s income fluctuates, it may be difficult to determine an appropriate amount, and…

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California Court Addresses the Need to Disclose Experts in Child Support Cases

Under California law, parents are legally obligated to financially support their children. As such, in cases of shared custody, the courts will often set forth orders obligating one parent to pay child support to the other. Disputes often arise regarding each parent’s ability to pay, however, and in such instances,…

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California Court Discusses Domestic Violence in the Context of Custody Cases

When handling custody matters, the primary consideration of the California courts is what is best for the child that is the subject of the dispute. This includes assessing whether either parent has committed acts of domestic violence, as the law presumes that awarding custody rights to a party who perpetrated…

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California Court Discusses Determining the Date of Separation in Divorce Cases

In the state of California, without a prenuptial or postnuptial agreement dictating otherwise, any property or income obtained while a couple is married is deemed marital property. Thus, when a couple makes the decision to end their marriage, it becomes vital to pinpoint the date they separated since any earnings…

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Court Discusses Vocational Examinations in California Divorce Cases

In many marriages, one couple will act as the sole income earner while the other primarily takes care of the household and children. When a single-income couple divorces, the spouse that does not work outside of the home often experiences financial hardships. As such, the courts will often order the…

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California Court Discusses Grounds for Modifying Temporary Spousal Support Orders

In many marriages, one party will work outside of the home while the other takes care of the household and raises the children. If couples with unequal incomes divorce, the lesser-earning party will most likely be at a financial disadvantage, not only after the divorce is final but also while…

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