From The blog

“Problems With Current Trends In California Domestic Violence Prevention Act Restraining Orders” Normally I write blogs with information on a specific area of California law. This blog is addressing a different issue---the current trend in California law, both by statute and by appeals court decisions, to make it easier to obtain a domestic violence restraining order, while the consequences of...

“What Are Standard Orders Made In Custody Cases?” There are certain form orders that are made in family law cases involving custody, and unless there are unusual circumstances, they will be made in all cases. They are meant to make co-parenting easier and to spell out certain things that apply to all cases. Here are some of the most common orders: Non-Disparagement: This means that both parties...

“I Rent A House In A Homeowner’s Association. What Rules Do I Have To Follow?” Renting a house in a homeowner’s association (commonly called an HOA) can be a very good experience---the rules ensure that properties are kept up and maintained, and that certain community standards are upheld. However, you should be aware that you, as a renter, are required to follow all of the association’s rules...

“How To Share The Holidays When You Share Custody” The Holidays should be a time of peace and joy, but they can be a battleground in split-custody situations. There are some situations where the level of conflict is so high that you simply need to have a well-defined holiday schedule put in place by the judge and which is then followed exactly. This is appropriate in cases where one side...

“Dating Advice From A Family Law Attorney” This is a slightly unusual blog post for me, because I am not going to give legal advice, but rather, personal advice based on seeing thousands of break-ups over the years. If I had to distill my advice into one short saying, it would be “Don’t ignore the signs.” There’s an old song sung by the group Ace of Base called “I Saw The Sign,” and it’s a peppy...

“What Does It Take To Get A Family Law Restraining Order Renewed?” Family law restraining orders can be renewed upon application to the court that issued the order. The request must be filed within the three months before the expiration of the order, and there will be a hearing set to consider the issues. In the past, a restraining order would be renewed only if there had been violations of the...

“What Are Jackson Credits?” Jackson Credits are credits against child support arrears that come into play when the parent who does NOT have legal physical custody of the minor has, in fact, had the child living with him or her. Essentially, what can happen is that the parties can have a court order, but be ignoring it. This actually happens quite frequently—the child changes residence, but the...

“My Ex and I Are Fighting About the Holiday Visitation Schedule” The holidays are hard for separated families, and they can be harder if you are having a disagreement about your holiday visitation schedule. There are, however, ways to head off potential problems. 1. Make sure you have a court-endorsed copy of your holiday visitation schedule well in advance of the holidays. 2. Make sure you...

“What Are ‘Epstein’ Credits?” Epstein credits, sometimes called reimbursement claims, are credits for repayment which one party to a divorce claims should be reimbursed to them from the community property of the marriage at the time of dissolution. The begin to accrue when one party makes post-separation payments with separate property (usually income made after the separation) on community...

“What Are ‘Watts’ Claims?” Watts claims, sometimes called Watts charges, are charges which one party to a divorce claims should be counted against the community property share of the other party at the time of dissolution. They involve the use of a community asset by one party only, such as a car or a house. The claim is based on the fact that only one party is getting the use of the asset...