When a married couple starts a divorce or legal separation in California, the Summons served with the Petition in dissolution of marriage or legal separation contains Automatic Temporary Restraining Orders (referred to as “ATROs”) that are binding on both spouses.
In addition to “regular” child support obligations, parents of minor children are required to pay for uninsured and/or unreimbursed medical expenses.
The traditional depiction of domestic violence in popular culture is typically a husband beating his wife. While this is a common occurrence of domestic violence, the legal definition of domestic violence is much broader and not limited to only physical abuse or a marital relationship.
Part 1 of this Reimbursement series of our Family Law 101 blog discussed Epstein credits and Watts charges. Here, I will discuss two more common scenarios raised by our clients.
After divorce, each spouse ideally would shake hands, say “I wish you well,” take his or her share of the community property, and live happily ever after. While possible, the vast majority of divorces are much less cordial, and more complicated regarding the division of community property. One level of complication is the issue of reimbursement.
The time after you lose a loved one is an emotional, stressful, and difficult time. This time can be made even more stressful if you have been named as the executor of your loved one’s estate or the successor trustee.
There are many misconceptions and myths surrounding domestic violence. The definition of “abuse” included in California’s Domestic Violence Prevention Act (the “DVPA”) is purposely broad in scope and encompasses a wide range of acts or behavior.
A Family Pot Trust, also known as a discretionary, sprinkling, or common pot trust, is a mechanism that allows estate planning clients to provide for their beneficiaries without requiring a rigid structure of distributions and payments.
The California Uniform Transfers to Minors Act, or “CUTMA,” contained in the California Probate Code sections 3900 through 3925, is an alternative estate planning tool available in California to transfer any type of property to a minor.
Before you go running out to establish a Generation-Skipping Trust, you should evaluate whether estate taxes are likely to be a concern based on the size of your estate, current exemption limits, and your intended beneficiaries
Divorce is already a tough emotional experience and difficult financially, but it can be even more daunting for spouses who have a child with special needs. Typically, child support ends when a child reaches the age of majority or when he or she graduates from high school. For divorcing parents of a child with special needs, however, this is often not the case, given that certain disabilities involve severe impairments that require life-long care and life-long co-parenting.
Divorcing spouses owe several obligations to each other during the divorce process. One such obligation is the “continuing duty to disclose.”
In an increasingly mobile society, your “domicile,” the place that you consider home, may or may not be the state where you currently live or spend most of your time. In cross-border areas, many individuals work in one state while maintaining their home in a neighboring state. Sometimes individuals leave their home state to live someplace else for work or to attend school. Sometimes individuals own several homes or businesses in different states. Why does it matter?
While a divorce is generally very taxing emotionally, it also has very serious financial ramifications. One concern you may have already is how your 401(k) Retirement Plan will be treated in a divorce. Similar to your home, it can be an essential asset of the community estate with significant value. You will need to propose how to handle the nonparticipant spouse’s interest when negotiating how to spilt your community property.
Naimish & Lewis, APC welcomes David Ambagtsheer on the first day of his student internship. A high school senior, David is participating in the month long Intersession Internship Program at Saint Augustine High School. Throughout the internship he will gain practical work experience by performing administrative and paralegal functions. Naimish & Lewis is committed to helping young people in our community like David who are considering the legal profession find out if this is the right career for them.
An estate plan is a set of typically four documents in which you get to make some decisions and create a legal document in order to preserve and protect your choices of what happens to you and to all of your stuff if you can’t manage it due to a disability or if you pass away.
An estate plan is typically four legal documents created to preserve and protect your choices of what happens to you and to all of your stuff if you can’t make health care decisions or manage your assets due to a disability or if you pass away.
What happens when spouses cannot agree on who gets to claim a child? Fortunately, the Internal Revenue Service (IRS) provides ground rules as explained in IRS Publications 501 and 504.
A standard provision in Marital Settlement Agreements between divorcing spouses is language waiving the right of both spouses to claim an interest in the Social Security Benefits to be received by the other spouse.
All members of the Naimish & Lewis Family Law Team will be attending the “Effective Strategies for Litigating Child Custody in Domestic Violence Cases” course on November 10, 2017.