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In Division of Marital Assets

Military Benefits Owed by a Non-Military Spouse in a California Divorce

A military divorce is uniquely complicated, in part because there are specific laws that determine what military benefits can be claimed by a nonmilitary ex-spouse of a service member.  If you or your spouse is in the military and are considering divorce, here is what you should know about the nonmilitary spouse’s benefit rights following the divorce.

Summary of Unique Military Benefits

If the nonmilitary ex-spouse of a service member meets all the required conditions, he or she may be entitled to military benefits that include: Continue Reading

In Division of Marital Assets

How Divorce Affects a Family-Owned Business

When a couple owns a business together, the dissolution of their marriage or registered domestic partnership has the potential to seriously harm their business. Because the business is likely to be one of the most valuable assets the couple has, protecting the business during the dissolution should be a joint priority.  Both parties need to remember that unless there was a written agreement that the business would be the separate property of one of the parties, the community property will include the amount by which the business has appreciated during the marriage, and each of them will own half of that amount. Continue Reading

In Divorce

Getting Temporary Emergency Orders in San Diego Divorce and Family Law Cases

If you have a divorce or other family law case pending in a San Diego court, there’s a difference between getting a temporary order and an emergency order.  Temporary orders are common, and these are usually orders that a court makes after a hearing with all parties.  But sometimes one side may ask the court to make an order immediately—without notifying the other side and without a hearing.  This is called an “ex parte” order, and they’re not granted in the typical divorce or child custody case.  Continue Reading

In Division of Marital Assets

How to Handle an Upside-Down Property in a Divorce

It once was the case that a jointly-owned house was a divorcing couple’s largest asset. However, in this poor economy, many divorcing couples find themselves with homes that are “upside-down,” worth less than amount owed on the mortgage. Upside-down property can be one of the most difficult assets to handle in a divorce.

When a divorcing couple owns a house worth MORE than the mortgage, one of two things usually happen: Continue Reading

In Child Support

Navigating the California Courts to Collect Unpaid Support

When a couple divorces, one spouse is often required to pay money to support the children (child support) and/or the other spouse (spousal support or alimony).  Unfortunately, getting an award for support and collecting it are two different things entirely.

It’s up to the spouse receiving the money to make sure that the money is being paid and to take action if it is not.  Courts in California will not step in automatically.  If your ex-spouse isn’t paying, then you or your attorney can ask the court to deduct support payments from their paycheck; this is called “wage garnishment.” Continue Reading

In Domestic Partnerships

Domestic Partnerships in California

People living in California are well aware of the ongoing controversy surrounding Proposition 8, the ballot measure seeking to ban gay marriage, which was passed in 2008 and subsequently upheld by the California Supreme Court.  However, in August 2010, a federal judge ruled that Proposition 8 violates the U.S. Constitution’s guarantees of due process and equal protection.  The controversy is likely to go on for some time, as the case is expected to reach the United States Supreme Court.
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In Child Support

Child Support Obligations in California

It was recently reported that former San Diego Chargers cornerback Antonio Cromartie was $25,000 behind on child support obligations.  One of the mothers of Cromartie’s children filed a document with the court that prevented him from selling any property without first being current on his child support.  Cromartie has since caught up on his obligations after being traded to the New York Jets and receiving a $500,000 advance on his contract.

It is now more expensive than ever to raise a child.  The cost of raising a child from birth to the age of 18 is estimated to range from $180,000-$250,000.  As a child gets older, the expenses rise.  Older children are often involved in extra-curricular activities like music, dance, or sports.  If parents wish to pay for a child’s college education, this can easily add another $50,000 in expenses. Continue Reading

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