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Domestic violence, intimate partner victimizations, and other appalling criminal acts between spouses, boyfriends, and girlfriends stands as one of the most under-addressed and misunderstood issues in America and beyond. The prevailing myths surrounding these tragedies actively stand in the way of bringing the perpetrators to justice. As if that was not an already disconcerting side effect, many of them also perpetuate negative mindsets which park blame more on the victim than the victimizer. By shaming those who bear the brunt of the pain, men and women alike who find themselves on the receiving end of abuse do not seek out the help they need in order to live a safe existence away from their tormenters. Promoting an education and understanding of why domestic abuse happens and is allowed to continue stands as the only way to truly put a dent in the practice and prevent repeated assaults.
Continue reading "10 Myths About Domestic Violence" »
So far, Tiger Woods and his legal advisors have done a pretty good job of warding off the police and keeping him and his wife out of trouble.
At this point the only thing the police have against Tiger and his wife is that Tiger crashed his 2009 Cadillac into a fire hydrant and a tree in his neighbor's yard after he pulled out of his driveway at 2:25 a.m. Alcohol was apparently not involved in Tiger's collision.
Continue reading "Tiger Wood Keeps His Domestic Disturbance Under Wraps" »
It's that time of year again. It's a time for food, family, and of course, holiday shopping. However, it's also that time of year where many parents disagree about who "gets" the children during the holidays.
Every year during the merry months of November and December, you'll see attorneys frantically running into family court with ex parte motions (emergency motions) asking Judicial Officers to intervene and decide which parent gets to spend a holiday with their child. This is truly one of the most unpleasant events in any family law Judge or attorneys' career. So, if you are a parent who is contemplating this course of action, I'd strongly suggest you keep reading.
Continue reading "Three Tips for Sharing Custody This Holiday Season" »
The ability to take down a deadbeat dad seems to get easier with every appellate court decision in California. In Marriage of Alter (2009) 171 Cal.App.4th 718, the court decimated the type of dead beat dad that many of us previously believed were bullet proof.
I'm talking about the father who sits at the pool all day working on his tan, while his children live with mom in a one bedroom apartment on the wrong side of the tracks. The type of guy who drives a fancy car, takes nice trips, and lives in a large house, while paying little to no child support, because the only money he receives is a recurring gift from his parents, which was once considered to be non income for the purpose of calculating child support.
Continue reading "The Recurring Gift That Pays Child Support" »
The Pasadena Bar Association announced that Donald P. Schweitzer has been elected to serve as a board member for their organization. Mr. Schweitzer will begin his position as Secretary, January 2010.
Continue reading "Donald Schweitzer Elected to PBA Board" »
The politicalization of domestic violence can make anyone feel a little jaded about this serious issue. Fortunately, there are people who have not forgotten that domestic violence is still a societal ill, and have dedicated their lives to actually helping victims of domestic violence and who have created innovative methods of breaking the cycle of violence.
Continue reading "Honoring Real Heroes Who Help Domestic Violence Victims" »
As a general rule, the court may not consider a new mate's income when calculating or modifying child support. Based on a recent decision, we can see that an obligor of child support may save money by making investments with his new spouse.
Continue reading "Lowering Child Support By Investing In A New Spouse" »
It is often tempting for a parent to insist that his or her child be allowed to testify in court against the other parent in a domestic violence case. However, the decision to call a child to the stand to testify against his or her parent is usually a bad idea, due to the fact that they normally make poor witnesses and the emotional impact on the child can have life long consequences.
Continue reading "Children Witnesses in Domestic Violence Cases" »
If you are going through a divorce or a legal separation and find yourself negotiating spousal support, be especially careful before you accept the terms of the agreement. Modifying a spousal support obligation is not as easy as you may think. It's not as if you can simply walk into a court and ask the judge to modify the order based on the fact that your ex spouse has recently acquired access to funds. Based on a recent appellate court decision, your success at modifying the order will depend on the precise words of your settlement agreement.
Continue reading "Agreements To Pay Spousal Support - Watch Out For The Pit Falls!!!" »
Where there is a change in circumstances of the child or of either parent, a modification of the amount of child support may be requested and will be granted where appropriate.
Continue reading "Child Support Modification for Changed Circumstances" »
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.
[...]
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" »
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