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Showing posts from 2017

DO YOU NEED TEMPORARY SUPPORT? YES!!!!

It is possible.......that a client may fail to request temporary            spousal support "unknowingly"......  and in so doing, because an "agreement" or stipulation was entered as to permanent support , and there was no motion to the court asking for temporary support-- there was no date to which a trial court could make the permanent support order retroactive in accordance with Family Code Section 4333. Family Code section 4333 controls the permissible date on which a permanent spousal support order may begin. In contrast, an order for temporary spousal may, at the court's discretion, be made retroactive to the date on which the petition for dissolution was filed, or in some cases, on the date that the request for order was filed.   [Under FC4009, an original order for child support may generally be made retroactive to the date of filing the petition, complaint, or other initial pleading] Basically, without a filed separate request for temporary

Good Advice--Family, Criminal or Civil Case

I read and laughed at another attorney's post on a criminal law blog; Essentially he's telling people to shut up and don't be posting online about their cases. He's pretty funny actually, great sense of humor. In Family Law, we don't see this specific issue as much as compared to Criminal law cases. But this attorney is correct. In Family Law, it's even worse, because the Jerry Springer quality in people divorcing comes out, and that JS quality can ruin your case.  I won't say exactly why or how but common sense is common sense.  I found this data directly below, kind of interesting........ Here is what the OTHER attorney (in Philadelphia area) said----- what he says below is exactly correct.   https://phillylawblog.wordpress.com/tag/shut-up/   Free Legal Advice of the Day — STOP TALKING ON AVVO. Today’s legal pro-tip: If you are a criminal defendant, or a potential criminal defendant — SHUT UP. Don’t talk on the internet, even if you get “fre

Why Pay to "Settle" Cases When You can Win??

Remarkably, some attorneys are in the business of charging fees to "settle" cases when you could have done that yourself....often they call this "mediation" of cases, and we don't mean mediation as to child custody.  We mean mediation-- of  all issues. PITFALLS OF MEDIATION.....Y OU ARE NOT REPRESENTED BY COUNSEL AND YOU  DON'T KNOW YOUR RIGHTS !! This attorney's past experience with such cases usually means that one client forces the other to cave in, while the client who caves in doesn't even realize that he or she caved in when it was not necessary.  OR-- one party knowingly concedes a major issue, without realizing just how major the issue is (because he/she has no attorney representing him/her) -- and then loses his/her ass, because he/she thought they were "saving money" when that was not the case. For example, attorney has seen this done where one client who was earning $85k a year gross, vs the other party was earning

Did Facebook Help Ruin Your Marriage?

It is a sad fact that today, many people put their personal life and  private business online--and much of it is on Facebook.  Amazingly, many people do not really understand how Facebook is linked to everything--- and we mean EVERYTHING.  There is not much privacy left these days, despite online sites telling us there are rules for privacy. If you're getting divorced, considering divorce, or have a plan to leave your spouse, you can almost be sure that if the spouse you are leaving is addicted to Facebook or similar sites, he/she will be talking about you.  This means Facebook is where attorneys look for dirt on the cases we see. Why?  Because many people lie to the spouse but go on Facebook and tell a completely different story? This is actually quite common. This means basically--that if YOU have been posting on Facebook and then tell the Court a different story--- you will probably be wrecking your own case, especially if you have talked about drunken episodes, par

Separate Property Reimbursements in California Family Law

BEWARE:  If you have any issue in divorce,  involving a property like a house, which is under water, absolutely do NOT let any officer of the court (Judge, commissioner,etc.) GIVE your house to the other party if you paid big cash down--- unless you don't want the house at all....ever.   Get help fast from a family law attorney who has handled these cases as it appears that some in Butte County don't understand how to handle this. There is a lot written about reimbursements in CA family law cases, and some very messy litigation in the published cases. Typically, a CA FC2640 reimbursement  http://codes.findlaw.com/ca/family-code/fam-sect-2640.html arises when spouses  to the dissolution have spent their separate property money and then went in/out and out/in and changed things such that it's difficult to say who owned what, when, where, and how? In some instances, each party claims reimbursement. Also note that reimbursement is not automatic if there are issues