Author Archives: ladivorcelawyer
Can the Parent with Legal Custody Enroll our Child in Boarding School?
QUESTION: Can the parent with full legal custody enroll my child in a boarding school that would interfere with the other parent’s court ordered visitation schedule? Mother has full sole and legal custody and I have set court ordered days and times. She wants to move him to a boarding school and that would take… Read More »
Does child support increase when you get married because of your spouse’s income?
QUESTION: I plan to marry at the end of the year and my partner is paying child support from California. Is their child support going to go up because of my income or is that not taken into consideration? ANSWER: New spouse income is NOT used to calculate child support-but tax filing status is. This… Read More »
Can my ex make my 15 year old son remain at a school in a different county if I have sole physical custody?
QUESTION: My ex and I got divorced when my son was 1. Since then, I have remarried and moved to a different county in the same state (California). My ex and I have had joint legal custody, but I have had sole physical custody since the divorce. After 13 years of having physical custody, my… Read More »
Learn How to Collect Alimony or Child Support Arrears Using Real Propert Liens
Understanding Judgment Liens on Real Estate as a Tool to Collect Spousal Support or Child Support That Is Owed and Has Not Been Paid Summary: Alimony is the more common term in the United States but in California alimony is called spousal support. Under Section 697.320 of the California Code of Civil Procedure, a judgment… Read More »
Californians Going Through Divorce Should Address Their Estate Plan
Summary: One should consider starting on one’s estate plan modifications prior to completing your divorce. A living trust empowers Californians by avoiding probate, ensuring privacy, and adapting to life’s twists and turns. A living trust should be the basis of a California residents estate plan. Introduction: As soon as you know that your marriage is… Read More »
Protecting Your Children in California: Custody Considerations with Domestic Violence Restraining Orders
Seeking legal counsel when navigating child custody amidst domestic violence is crucial. California law prioritizes the child’s best interests, and a domestic violence restraining order (DVRO) can significantly impact custody arrangements. This article provides an overview of relevant California laws and considerations for individuals facing this complex situation. California’s Presumption Against Abusers in Custody Decisions:… Read More »
Am I Stuck with Our Home Loan In a Divorce Since Only My Name Is On It?
What are my rights to my home if I divorced? What happens to the loan if it’s only in my name? Am I stuck with it? QUESTION: My husband and I own a home and have kids. We bought the home together during our marriage. It is titled in both our names.However, after a recent… Read More »
Can I Return to My Home State to File for Divorce or Must I File in California
QUESTION: Can I file for divorce in Texas while residing in California if I got married in Texas? I am from Texas and my husband is from California. We got married in Texas and then moved to California. We had our baby in California as well and now I am seeking out divorce and seeing… Read More »
Learn What to Do If You Have a Prenuptial Agreement and Your Spouse Seeks Temporary Spousal Support Anyway
Question: My Spouse and I executed a Prenuptial Agreement. It included a waiver of spousal support. They have brought a request for orders for temporary spousal support. Is that Allowed? What do I do? Answer: Yes, they can seek temporary spousal support. You should file a request for orders and a motion to bifurcate the… Read More »
I Have Legal and Physical Custody of My Child Do I Need to File a Motion to Change Their School?
Question: I am in the process of divorce. I have been awarded sole legal and physical custody. Father has visitation on weekends. Which motion do I need to file to inform the court of my intention to change the minor child’s school in Los Angeles California? I am also requesting visitation changes to the order. Can… Read More »