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California Guideline Child Support Changes Are Now in Effect
Effective September 2024, the California Legislature changed the Guideline Child Support Calculation. The changes include how child support add-ons are allocated between the parties and expands sources of income used to calculate child support.
How Can I Buyout a Community Property House in my Divorce?
The chances of a real property buyout in divorce cases has become less possible now than it has since the market crash of 2008, thanks to interest rate hikes coupled with high home values.
Modifying Child Custody Orders in California: When and How to Seek Changes
At Livingstone Law, APC, our top priority is to ensure the well-being and happiness of the families we represent. Child custody cases can be emotionally challenging for everyone involved, and…
Common Mistakes to Avoid During a California Divorce
At Livingstone Law, APC, we understand that going through a divorce can often be an emotionally challenging and complex process. Our team is dedicated to assisting clients to navigate this…
Temporary vs Permanent Spousal Support
Temporary spousal support is an order for support which is issued by the court upon the motion of a party. A litigant asking for support will be required to provide the court with an Income and Expense Declaration.
Service Members Relief Act
The purpose of the Service member Civil Relief Act of 2003 (SCRA) is to prevent an unfair advantage over military litigants who would be caught blindsided if they were unaware of litigation or unable to retain counsel.
Can I have joint custody of my child if there is a domestic violence restraining order against me?
Fam Code § 3044 – Rebutting the presumption that the award of sole or joint physical or legal custody of a child to a person is detrimental to the best interest of the child
Domestic Violence and Coercive Control
Use of surveillance, electronics, and other means of destroying your peace of mind can be deemed domestic violence under California's Domestic Violence Prevention Act.
Is discovery allowed in domestic violence restraining orders or is discovery domestic violence?
Update on Discovery and Domestic Violence - How does evidence come in at Domestic Violence Restraining Order Hearings? Domestic violence is an urgent public safety and public health crisis. More than one in three California women and…
Community Property vs Separate Property
How Does the Family Court Characterize Assets? The Family Court is tasked with characterizing and dividing assets pursuant to the marriage time rule. The date of marriage to the date of separation establishes the “community”…
Cost of a Divorce in San Diego
The average cost of legal fees for a divorce is around $17,500 for a divorcing spouse with no children and around $26,000 for a divorcing spouse with kids.
Child custody mental illness and move-aways
Generally, the standard that the Court uses to determine custody orders is the “best interest of the child” standard. Custody is granted in the following order of preference…
What is income available for child support?
Pursuant to California Family Code §4058, Income available for support includes all income, commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers' compensation benefits…
What is a vexatious litigant?
Under Code of Civil Procedure section 391(b) a vexatious litigant is a person who does any of the following: 1. In the immediately preceding seven-year period has commenced, prosecuted, or maintained at least five litigations other….