A Petition to Establish Parentage must be filed first to determine the identity of the father of a child born outside of marriage. If the mother doesn’t do so, then the Department of Child Support Services might do so, or … Read More
Custody Modifications
“Bonus” Income and Ostler & Smith Awards: Best Practices For How to Ensure Fair Support Awards
An issue that frequently comes up in divorce proceedings is how to account for seasonal fluctuations in income or commission and bonuses when calculating proper spousal and child support awards. Spousal support is taxable for the payee and deductible for … Read More
Automatic Temporary Restraining Orders in California
Automatic Temporary Restraining Orders (ATRO’s) in California are printed on the back of the summons and effective as to both parties when filed. They prohibit disposal of property by any methodology, except for living expenses, which you would have to prove … Read More
Attorney Fees in California
Attorney Fees in CA, or “How Much Will This Cost”? The California Family Code directs trial courts to award attorney fees in a number of family law settings, including marital dissolutions, legal separations, support applications, domestic violence proceedings, paternity actions, … Read More
Child Custody & Modifications
My ex took the kids and won’t let me see them. How do I get custody? Child Custody and Modifications of Child Custody: Child custody still usually goes to the mother at the onset, unless the father is stay-at-home and … Read More