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How Are Student Loans Divided by the Court in California Divorces?
Question: ” I am getting divorced in Los Angeles County. My ex wants me to take on half her student loan debt. They finished graduate school six months be fore we separated. We were married 10 years. Am I responsible for a portion of their student loan debt?” Answer: You are not responsible for her student… Read More »
Can I Buy My Ex Out of Our House During Our California Divorce?
Question: Can I buy my ex-spouse’s interest out of our house? Answer: Well it just became a lot harder. (I am writing on October 11, 2022) Interest rates are rising, home prices are falling, and the southern California housing market is turning into a nightmare for sellers. To illustrate the severity of rates on the market,… Read More »
Do I Need a Lawyer to File for Divorce in California
I am often asked: “Do I need a lawyer to file for divorce in Los Angeles California? Do I need a lawyer to file for divorce in Orange County, Ventura, San Bernardino? The answer is: It depends. After more than 30 years of family law practice I am confident that many people can handle their… Read More »
How is spousal support changed if the payor moves out of California?
How is spousal support affected if the payor moves out of California? Question: In my divorce judgment I have to pay long term spousal support. Do I still have to pay spousal support if I move out of California? I am moving to get a better job. Answer: Spousal support is also known as alimony…. Read More »
Learn How to Modify Child Support Orders
Question: My son, age 18, moved out of my ex’s, the custodial parents, home and lives with me, the non-custodial parent, who pays child support, can child support get terminated? My son is still in high school* but has decided he won’t stay at his mom’s house, she’s the Custodial Parent and receives child support… Read More »
Dividing the house or other real property in a California Divorce
I am often asked questions similar to this one: Am I entitled to anything from a living trust in divorce if I paid the mortgage? My ex put the home that we are living in into a living trust before the marriage. For the last 5 years or so, I have been paying the mortgage… Read More »
The Rules About Serving and Filing Responses to Requests for Orders in Family Law Courts can be Confusing. Here is a Primer on What to Do and When to Do It.
The questions I was asked: My ex hired a lawyer and their lawyer served me with a request to modify custody by mail at the wrong address, but I was notified and received the papers. Do I have to serve a copy of my response to the request before I file it? Who do I… Read More »
Why Date of Separation Is Important in a California Divorce
I am often asked questions relating to the date of separation in California divorces. The date of separation is important to the division of community assets and debts in the divorce. It’s also important in determining the long term spousal support. Here’s an informative example: Question: My husband took out a big loan from his… Read More »
Paying Off Debts in a California Divorce
Here’s an example of a question I often receive: Before my marriage I had a 750-credit score. Now I’m getting a divorce and my score is around 500 due to foreclosure and a pile of charge offs in my name because she had bad credit when we got married and everything was put in my… Read More »
Small Business Owners Must Justify Their Business Deductions To Claim Reduction of Income Available for Child Support
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 »