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Appointment of Counsel to Represent Child

Sometimes it may be appropriate for the court to determine that it would be in the best interest of the child to have him or her represented by his or her own attorney. The child's attorney must ...
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Provisions for Support after Death

In situations when the court finds it is just and reasonable after reviewing the circumstances (usually where one party has been wholly dependent on the other for a long period of time or the parties ...
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"Income" for Purposes of Calculating Support

Child support and initial spousal support is calculated via a computer program established by our State Legislature. The main factors, along with other miscellaneous ones, are the income of the ...
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Cohabitation as Affecting Spousal Support

I am often asked how the fact that a supported spouse that cohabits with a person of the opposite sex may affect payment of spousal support. Family Code Section 4323 provides for a rebuttable ...
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Grandparent's Rights

California Family Code Section 3104 does provide for visitation to grandparents however, it is limited. Often times it is better for the grandparent to "make nice" with the parent or parents ...
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Stepparent Visitation

A stepparent or close relatives of a deceased parent may petition the court to grant reasonable visitation if it is determined to be in the best interest of the child. Close relatives are considered ...
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Essential Family Law Concepts

Under Fam C §720, a "[h]usband and wife contract toward each other obligations of mutual respect, fidelity, and support." The confidential relationship between spouses imposes "a ...
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Recent Changes to the Family Code

Family Code §2320: Residential requirements for nullity and dissolution matters for same sex couples residing outside California if the state does not recognize same sex marriages. Family Code ...
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Controlling Califonia Case Re: Move Away

In Re: La Misga Factors to be Considered Specific to Move Away Cases: 1) The children's interest in stability and continuity in the custodial arrangement. 2) The distance of the move. 3) The age ...
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Relocation of Children After Divorce and Children's Best Interests: New Evidence and Legal Considerations

Relocation cases, in which a divorced parent seeks to move away with the child, are among the knottiest problems facing family courts. The recent trend is to permit such moves, largely because of ...
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Statutory Changes to Summary Probate Procedures

Specifically, Probate Code section 13100, which provides for the collection or transfer of personal property by affidavit and without probate, is now applicable to estates in which the gross value ...
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Court Rules BAH and BAS Allowance as Income for Calculating Child Support

In Re: Marriage of Stanton (2010) 190 C.A. 4th 547 Child support obligation, Father, is in the military. He alleges that Basic Allowance Housing (BAH) and Basic Allowance Subsistence (BAS) are ...
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Legislative Update

Bill AB 1349 (Chaptered) Conflicting Paternity Presumptions to Become Law Shortly: Bill AB 1349 provides that a voluntary declaration of paternity is invalid if any of the following conditions were ...
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New Addition to Family Code Section 3751 - Health Insurance

Family Code Section 3751 provides in part that health insurance coverage shall be rebuttably presumed to be reasonable in cost if the cost to the responsible parent providing medical support does not ...
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Child Support Case Law Updates

The following are recent child support case law updates, made through decisions made by the Court of Appeals in California: IRMO Stanton (2010) 190 C.A. 4th 547 Obligor, Father is in the military BAH- ...
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Requirements for Reimbursement of Uninsured Healthcare Costs and Payment Procedures

If there is an order that each parent pay one half of any uncovered medical, dental, optometric, psychological, or orthodontic expenses, and either parent has accrued or paid these costs, that parent ...
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New Law Prohibits Advance Fees for Lawyers Doing Foreclosure Work

Gov. Schwarzenegger signed Senate Bill 94 Oct.11, immediately prohibiting any person, including attorneys and real estate licensees, from collecting an advance fee to perform foreclosure relief ...
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