When a Child Custody Evaluator Proves to Maintain a Bias, He or She Must be Removed and any Orders Therefrom Must be Vacated In the recent matter of Irmo Adams & A. (2012) (CA 4/3 – Opinion filed October 16, 2012), a 2008 stipulated divorce judgment provides for shared legal custody of the parties’ son and
Can Child Support Take Your Stocks? Generally, if a parent receives stock options as part of their compensation package with their company, then the Court may consider it income available for determining support. IRMO Cheriton, (2001) 92 Cal. App. 4th 269. The Court’s application of this holding varies significantly based on the circumstances of your
Attorneys Specializing in Divorce and Paternity The recent case of Irmo Wilson & Bodine, (2012) (filed July 2012) presents an interesting cross-issue between paternity and divorce matters. Recall that there are typically two mechanisms in which to file a lawsuit for child custody orders, filing a Petition to Establish a Parental Relationship (called a paternity
California Family Law Specialists in Spousal Support Issues In the recent case of Irmo Khera & Sameer, (2012) (filed from the 6th Dist. on June 19, 2012), the Court of Appeal decided on several important issues having to do with post-judgment modification requests to extend spousal support beyond an agreed upon time. Husband’s dissolution petition
In family law cases (as well as “civil” cases generally), either party is allowed to request that the court “join” someone or some entity to the family law case. San Diego divorce lawyers explain that when the court “joins” a person or entity to a case it has the effect of that person/entity becoming a
What is A Declaration of Disclosure? All divorce cases filed in California require the exchange of “Declarations of Disclosure.” The Declarations of Disclosure are financial disclosures that each party to a divorce case must provide to the other side, and they consist of an Income & Expense Declaration as well as a Schedule of Assets
The determination of the fitness of a “Kelsey S. father” to parent his child must be based upon the statutory standards found in Family Code sections 7820 through 7829. The paternal rights of a “Kelsey S.” father, including the right to withhold consent to an adoption, cannot be terminated unless he is found “statutorily unfit
Husband’s presence in wife’s residence a couple of days per week simply to wash his clothes did not legally or factually diminish the wife’s exclusive possession and control of the residence. In Irmo Carlos, an unpublished opinion of District 2, Division 6 (Filed January 4, 2012), Wife filed a petition for dissolution in 2006 after 42 years of marriage.
An increased timeshare and the completion of a period of therapeutic visitation is a change of circumstance that does warrants new custody and visitation orders. In Irmo Afar, (an unpublished opinion of District 3, filed September 19, 2011), a March 2005 judgment awarded Mother sole legal and physical custody of the parties’ two boys. Mother
California Upholds Strict Tracing Requirements for Reimbursement Claims In every California dissolution (divorce) proceeding, the court is required to divide the parties’ community property estate. The community estate includes the property acquired by either party during the marriage with several exceptions. Inheritances, for example, are not part of the community estate. In the division of the community