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Casey J. Marticorena '07, who works as a family law attorney in Pasadena, co-coordinated Adoption Day 2009 with Joanna Sanchez '07 by acting as a liaison between the pro bono attorneys, students and Public Counsel.
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When she was a student, Marticorena participated in National Adoption Day. "Now, as an attorney, I am able to have more of a one-on-one relationship with the adoptive parents and the children," she said. "The students were responsible for preparing the Judicial Council Forms and interviewing the adoptive parents. They were very professional during the visit to the adoptive parents' homes."
Continue reading "Casey Marticorena, along with Southwestern Students and Alumni, Helps Join Families During Adoption" »
You know that paying child and spousal support is tough in California where even a high paid attorney complains about his support obligations. In the case of Marriage of Mosley, an attorney pleaded with the court to modify his monthly child and spousal support payments, claiming that he was financially destitute after making his payments.
After sorting out the interesting facts of this case, the Court of Appeal had to address two common issues: 1) how to apply bonus income to the support calculations; and 2) when to impute earning capacity to a party who insists on not working. I think you will find that the Court applied some common sense in rendering it's decision.
Continue reading "THE PENNILESS ATTORNEY AND HIS OBLIGATION TO PAY CHILD AND SPOUSAL SUPPORT " »
The politicians are supposedly up in arms about Governor Blagojevich's appointment of Roland Burris to the vacant Senate seat. Illinois' Secretary of State - Jesse White, for example, has declared that he will not sign papers to certify the appointment. From their dramatic speeches and press conferences, it would appear these political types have taken the high ground. Think again...
Continue reading "Secretary of State Refuses to Certify Roland Burns as Senator" »
A San Francisco reporter recently wrote that today's bad economic times are causing a downward trend in the amount of divorces filed within the United States.
I have no idea if this claim has any validity, but I can report on my personal observations while practicing family law in Southern California.
Continue reading "Do Divorce Rates Drop During Bad Times? " »
by Kayla Horacek
The mores in California family law are changing. Highly litigious clients, as well those who favor settlement, are now faced with new realities and options. To that end, it is important that all represented parties retain counsel who are aware of these possibilities and can explain them to his or her clients. There are various examples of this progressive thinking which should be explored by all parties involved in a family law proceeding. What follows is only a glimpse into some of the new developments in family law litigation and settlement.
Continue reading ""Haute Couture," Family Law: Three California Trends in Divorce, Custody, and Property Division" »
Intercepted phone conversations from the Florida jail reveal that family members of Casey Anthony believe she is lying about the disappearance of her two year old daughter. Listen in as Nancy Grace and Don Schweitzer discuss the incriminating phone conversations and other evidence known about this case.
Continue reading "Still Missing: Caylee Marie Anthony" »
A new company, named, "criminalsearches.com" and others like it, are about to change the world as we know it. With the aid of these internet companies, your neighbors now have the ability of checking out your criminal history, by conducting a search on your address. If you feel uncomfortable about your neighbors and others knowing what traffic tickets you received, join Don Schweitzer as he discusses this topic on Studio B.
Continue reading "Do Your Neighbors Know Too Much About You Because of the Internet?" »
A two year old toddler is missing in Florida for more than a month before her mother makes a police report. When the police investigate the case, the mother tells them multiple lies about the little girl's disappearance. Today, the mother refuses to speak to the police, asserting her fifth amendment privilege against self incrimination. What is wrong with suspecting the mother of foul play in light of these facts?
Continue reading "Child goes missing in Florida, Mother withholding information" »
As a parent you may assume that you can claim your children as dependants on your tax returns. But what if you and the other parent do not live together? In Anderson v. Commissioner, a recent case decided in tax court, we see that there are specific rules as to which parent is entitled to the dependency exemption. Rules that you may need to know before filing your taxes.
Continue reading "The Non Custodial Parent's Quest for Dependency Exemption" »
We are proud to announce that on July 1, 2008, Donald Schweitzer was certified as a Family Law Specialist by the State Bar of California - Board of Legal Specialization.
Continue reading "Donald Schweitzer - Certified Family Law Specialist" »
Is it possible to be a widow, yet not a "surviving spouse" in the state of California? In a recent California case, a woman who had been going through a divorce, but was technically married, asked the Court of Appeal to reverse the probate court's decision that she was not entitled to her deceased husband's estate. As we review this case, we learn how important it may be to have a will, even when going through a divorce.
Continue reading " When A Widow Is Not A Surviving Spouse " »
Millions of lives have been sacrificed for our right to vote. The right to vote is perhaps the most precious constitutional right we have. A right that should never be taken for granted. Yet, a teenager was recently caught trying to sell his vote on e-bay. The young man claims he was only joking. The local cops were not laughing and charged the teenager with a crime that has not been filed against anyone in almost ninety years. Have the authorities gone too far? What would the consequences be if people were allowed to sell their votes on e-bay? Join Attorney Donald Schweitzer in Studio B as he debates this issue with criminal defense attorney John Dolan.
Continue reading "Teen Charged with Trying to Sell Vote on eBay" »
In the comforts of our homes most of us utilize the Internet to view videos out of curiosity, boredom, and sometimes to be entertained. Before you view your next Internet video, however, consider the fact that a federal court recently ordered the giant of all Internet companies - Google, to hand over documents concerning YouTube's viewing data to another media monster - Viacom. Google and Viacom are currently entangled in a no-holds barred lawsuit, concerning intellectual property rights. Has the court's ruling violated your privacy rights?
Continue reading "Court Orders Google To Turn Over YouTube Data" »
Determining a parent's child support obligation in California is usually pretty cut and dry. An obligation to pay child support for an adult child, however, can be a little tricky. In Marriage of Edwards, a recently published decision, the Court of Appeal took a close look at the living arrangements of the adult child, before rendering it's decision.
Continue reading "California Father Is Let Off The Hook From Having To Pay Child Support For Adult Son" »
On occasion California courts have to struggle with the issue of what constitutes income for the purpose of calculating child support.
In a recent California decision entitled "Marriage of Rothrock," the court of appeal had to determine whether or not an uncharacterized personal injury settlement award that was paid into an annuity, constituted income for the purpose of calculating child support.
In rendering its' decision, the court of appeal relied on the common law definition of income as well as a federal statute in determining that the monthly annuity did not constitute income. The court's use of the common law definition was somewhat new, in comparison to recent cases where the same issue presented itself.
For a more detailed analysis of the court's decision, click onto the link below.
Continue reading "Do monthly annuity payments constitute income for calculating child support? " »
Donald Schweitzer appears on CNN's Nancy Grace to discuss the recent trial of a Teacher in Florida who seduced three of her students and what role her gender plays in the proceedings.
Continue reading "Florida Teacher Seduced at Least 2 Students. What Role Does Her Gender Play?" »
While on Nancy Grace, attorney and former detective Don Schweitzer provides legal commentary on the investigation of possible sexual abuse of young boys within a polygamist cult in Texas.
Continue reading "Breaking Investigation Into Sexually Abused Polygamist Boys" »
Robert Kosilek, convicted of first degree murder for strangling his wife in 1990, is suing the state of Massachusetts to get a tax-funded sex change operation.
Continue reading "Convicted Murderer Demands Sex Change" »
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