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In 2020 the California Appellate court held that a trial court erred by allowing depreciation deductions taken on equipment and other assets used in self-employed husband’s businesses (as listed on his income tax returns) to reduce amount of income available for child support. The court stated the burden was not on wife to show that… Read More »

Intersection of need based attorney fees and sanctions. Recently I posted regarding the two different types of attorney fee awards available in family law courts in California: need based and sanction based. Read the article here: https://lnkd.in/gKdYifpS In a recent family law matter, the trial court denied a party need-based attorney fees under Family Code §… Read More »

There are two types of attorneys fees and costs awards: one based on need, and one as a sanction. Need based attorney fees/costs are controlled by FC 2030   Sanctions based attorney fees/costs are under FC 271. Need based attorneys fees and costs: California Family Courts are authorized to make an order requiring any party to litigation to… Read More »

Child custody orders can be changed by making a written request to the Court that issued the original child custody order. This is called a Request for Orders and is made using the FL-300 Request for Orders form. This is the same form one uses to obtain an initial child custody order. CUSTODY MODIFICATIONS DURING… Read More »

The Medical Injury Compensation Reform Act (MICRA) of 1975 may be revised. This law capped the recovery victims could receive in medical malpractice lawsuits. MICRA was intended to lower medical malpractice liability insurance premiums for healthcare providers in that state by decreasing their potential tort liability. Non-economic damages are limited to $250,000. Non-economic damages include claims… Read More »

What is a California Transfer on Death Deed?  Why Should You Care? The California transfer on death deed allows property to be transferred to a new owner when the current owner dies The transfer does not require a probate of the estate. The current owner retains ownership and control over the property, including the right… Read More »

There’s no difference. The phrases prenuptial agreement and premarital agreement and the word “prenup” all refer to the same thing: an agreement signed prior to marriage which contracts to modify the rights and obligations of parties from the statutory rules which govern the characterization of real and personal property as community property, the division of… Read More »

The Court can order one spouse to pay or contribute to the payment of attorneys fees for the other spouse in a divorce if there is a need. The law that authorizes this is Family Code Section 2030. The purpose of a § 2030 fee award is to ensure a party has sufficient resources to… Read More »

Asking questions about an attorney’s qualifications and skills can be embarrassing and a little intimidating. A divorce is one of the most important events in your life. It makes sense to enquire about the attorney’s background and experience. Here are 15 Questions You Should Ask Potential Divorce Lawyers Before Hiring. Your lawyer should be able… Read More »

Traditional litigation lawyers and parties are in adversarial roles. You can imagine that if one company sues another over trademark infringement for example, the case begins as a zero-sum game with a winner and a loser. It’s true most cases settle, but the mindset of the litigants is one of war. This can be the… Read More »