
Blog
Vera Livingstone has served the San Diego Court as a Special Master for 20 years
Under California law, the appointment of a special master in family court proceedings is governed by statutory authority and procedural guidelines.
We are pleased to announce the addition of Bryanna Brandalesi DiRocco to our firm as Senior Attorney.
Bryanna Brandalesi DiRocco brings nearly a decade of family law experience to her role as a senior attorney at Livingstone Law. She is known for her practical, solution-focused approach to resolving complex family law issues.
How Does the California Court Calculate Temporary Child and Spousal Support?
The history of temporary child support and spousal support in California reflects a balance between legislative mandates, judicial discretion, and federal compliance.
A Court Can Deny a Temporary Restraining Order Even When There is Evidence of Past Abuse In Some Circumstances
A recent appellate case makes it clear that even where there is past abuse, the Court can reasonably conclude that a Temporary Restraining Order may not be necessary to protect the petitioner.
The Role and Responsibilities of Minor’s Counsel
An attorney for minor children is sometimes appointed to represent the best interests of a child in custody, visitation, or other family law proceedings.
Is Violating the standard ATROs ever justified?
Automatic Temporary Restraining Orders (ATROs) are standard orders issued in California family law proceedings, such as dissolution of marriage, legal separation, or nullity.
Tools for Collecting on a Family Law Judgment – Debtor’s Exams
If a litigant owes money to the other party for overdue child or spousal support, attorneys' fees, or an unpaid equalizing payment, it may appear that the money is uncollectible; however, there are steps you can take.
How to Deal with a Narcissistic Spouse in a Custody Dispute (Part 2)
This Blog is the second article on Narcissism. Part 1 deals with the medical diagnosis of the condition. Part 2 discusses how to deal with a narcissistic parent under California law, in the context of child custody and visitation disputes.
What is Narcissistic Personality Disorder (Part 1)
This Blog is in two parts and focuses first on what Narcissistic Personality Disorder is. Part 2 focuses on the legal standards governing custody determinations, the role of mental health in assessing parental fitness, and the court's approach to ensuring the child's welfare.
Fiduciary Duty of Spouses During Marriage
Since marriage is a legal contract, spouses owe duties to each other under California Family and Corporate Law. In California, spouses owe each other fiduciary duties like those of business partners, requiring the highest good faith and fair dealing.
How Can I Modify or Terminate Spousal Support?
After the court order for spousal support is issued, whether it is a temporary order or the judgment, you may be entitled to modify it unless your order mandates that your spousal support is non-modifiable.
Watts Charges and Epstein Credits – Use of Community Property and Payment Toward Community Debt
In California, Watts charges and Epstein credits outline the financial responsibilities and benefits associated with the use and payment of community assets and debts following separation but before the final division of property.
How Do I Sell Community Real Estate With Tenants?
Selling properties with tenants presents unique challenges that can affect the sales process, the property’s marketability, and ultimately the outcome for your clients.
Discovery in California Divorce – How to Find Hidden Assets, Unreported Income, and Trace Money
Discovery in California child custody or divorce is a legally regulated process that allows either party to request documents and ask for information from the other party about their financial situation, expenses, income and lifestyle, and issues related to custody matters.
Tips on Effective Coparenting
The court will appreciate a parent who understands that children have a right to a sense of safety, stability, and love from both parents. Both parents are responsible for learning to coparent effectively.
How Does the Court Determine Custody and Visitation?
When making custody and visitation orders, the court considers the child’s health, safety, and welfare. Custody and visitation are tailored to each family based on the dynamics of the parents and the best interest of the child. Custody and visitation orders may look different for everyone.
Ex Parte (Emergency) Hearing is Scheduled in Family Court– Is it Really an Emergency?
What is an Ex Parte Motion? In certain circumstances when there is the potential for irreparable harm, a litigant can file an ex-parte or emergency motion. There are certain requirements. Timely notice must be provided to the other side to include the date, time, department, and reason for the motion and the ex-parte application.
Tips For Family Court Services Mediation
Family Court Services (FCS) lasts about an hour or two. You will have about 30 minutes or so to give information about your children and your situation to the mediator. The best way to prepare is to have a custody and visitation plan.
Venue and Jurisdiction – Where Should I file for Divorce or Paternity.
Under California Family Code § 2320, a judgment for dissolution of marriage can be entered only if one of the parties to the marriage has been a resident of California for at least six months, and of the county in which the divorce is filed for the three months preceding the filing of the petition.
Fur Babies and Divorce
Pets have traditionally been recognized as property in a divorce and like all other personal and financial assets awarded to one spouse or the other as their property in a divorce. Previously, California law generally required that courts divide all “community property” – property acquired during the marriage, including companion animals – equally between the disputing parties.