Author Archives: ladivorcelawyer
The Problem With Contempt Claims in Child Custody Matters
I routinely field inquiries from parents who explain that the other parent is not complying with the child custody orders issued by the California Family Law Court and they wish to file a contempt action. I usually try and talk them out of it. Contempts are hard to win. Contempts are quasi-criminal cases because one… Read More »
California Appellate Court Clarifies Rules of Evidence in Domestic Violence Custody Cases
In family law, few issues are more serious—or more complex—than allegations of domestic violence and child abuse. When these allegations arise, the court’s primary duty is to protect the child. A new decision from the California Court of Appeal, Marriage of M.P. and M.C. (2025), provides clarification on how courts address a child’s statements in… Read More »
There Is a Big Difference Between Child Custody Orders Issued While a Divorce Case Is Going On and Child Custody Orders Issued with the Divorce Judgment
In a California divorce, a child custody order issued during the proceedings is a “temporary order.” Lawyers and judges call this type of order a Pendente Lite order. Temporary Orders provide stability while the case is pending, and a child custody order issued with the final judgment is a Final Order that resolves custody matters permanently until a… Read More »
WILL THE COURT CONSIDER ORDERING A DECREASE IN PARENT’S CUSTODY TIME FOR FAILURE TO PAY CHILD SUPPORT?
The Court will not order a decrease in custody time as a sanction for failing to pay child support. But, the Court can and does put the hurt on the parent that fails to pay child support in other ways. The Court can order monetary sanctions, and in conjunction with the State and County Government… Read More »
The behavior of parents in family law court and in the way they treat the other parent can be critical in how court’s decide child custody disputes.
The behavior of parents in family law courts as well as the way they treat the other parent can be critical in how court’s decide child custody disputes. In a case published August 18, 2025, entitled In re Marriage of R.K. and G.K, the California Court of Appeal provided a primer on what NOT to… Read More »
Understanding Imputed Income in California Child Support Calculations: A Practical Guide for Parents
Understanding Imputed Income in California Child Support Calculations A Practical Guide for Parents Introduction Calculating child support in California is designed to ensure children receive adequate financial support from both parents. The process relies on accurate disclosure of each parent’s income. However, what happens when a parent fails to disclose, minimizes, or reduces their income… Read More »
Is a Pension of One Spouse a Community Property Asset in a California Divorce?
I receive questions like this with some frequency: QUESTION: I married after I retired and starting receiving a pension. Now, I am getting divorced. Is my spouse entitled to part of my pension in the divorce settlement? ANSWER: No, under these facts in a California Divorce the pension is the separate property of the spouse… Read More »
Can the Court Issue a Domestic Violence Restraining Order Based on Conduct From Years Ago? Yes.
A Recent California Court Decision Allowing a Trial Court to Issue a Domestic Violence Restraining Order for Conduct Which Occurred Years Ago May Significantly Influence Child Custody Orders in California. Don’t Have Time? Watch the Short Video on This Important Topic On July 23, 2025 the California Appellate Court Published a Case Which Allows the… Read More »
My spouse filed for a Divorce in Another State, I live in Cali, Which State is The Right State?
Navigating Divorce and Child Custody Jurisdiction: What You Need to Know Divorce and child custody cases can be complex, and one of the most critical aspects to understand is jurisdiction – which court has the legal authority to hear your case. This is especially true when families have moved between states or when one parent… Read More »
Learn What Impact Cohabitation Has on Alimony in California Divorces
An Ex Spouse Who Receives Alimony and Begins Cohabiting with a New Partner May Be Providing the Factual Basis for the Payor Ex Spouse to Obtain a Court Order to Modify the Amount of Alimony. What You Need to Know: Navigating the complexities of alimony in California Family Law Courtcan be challenging, especially when new… Read More »