Does Child Support Change When Life Changes?

When a parent who pays child support loses a job or lands a much higher paying job can you get the child support order modified? Continue reading

How to Show that the Prenup Wasn’t Forced

A premarital agreement (prenup) isn’t enforceable against a party who didn’t enter into it voluntarily. Fam C §1615(a)(1).  Here’s how you can ensure that a question of duress won’t derail your prenup. Continue reading

New Year, New Laws for Family Law Attorneys

The California legislature has enacted new laws that may affect your family law practice. Here are some of the key statutory changes you need to know about. Continue reading

The Hammer Family Law Judges Have When a Party Doesn’t Cooperate

Whether as an emotional response or a strategy, if a party or attorney fails to cooperate in a family law matter it can result in a big hit from the judge. Continue reading

Do This Before Getting a Mediator Involved with a Prenup

Mediators are increasingly involved in helping parties negotiate premarital agreements, or prenups, because mediation is a nonadversarial way to approach the process. But before your client uses a mediator, draft an agreement that covers the terms of mediation. Continue reading

6 Tips for Co-Parent Communication

When there are challenges around communication while co-parenting after divorce or separation, a parenting plan, either court ordered or by parental agreement, can structure the ways in which co-parents will communicate about their child. Including communication terms in a parenting plan can help to deescalate conflict, decrease misunderstandings, ensure that both parents have access to vital information, and insulate children from exposure to adult conflict. Continue reading

Do Adult Children Have a Duty to Support Their Parents?

multi-generational family photoMost people wouldn’t think twice before helping their parents financially. In fact, partially due to baby boomers’ inadequate retirement planning, 20 percent of surveyed millennials provide financial support to their parents. As Buck Wargo explains in his blog post, most millennials give this help gladly. But they may also be legally required to do so. Continue reading

Divorce Is Not Any Easier After Trump’s Tax Cut

wedding cake split apart to show divorce and split of assetsThe following is a guest post from Ed Lyman, a trial and appellate attorney at Walzer Melcher LLP who handles complex dissolution of marriage and domestic partnerships for high net worth individuals.

Family law attorneys and accountants are struggling to grasp the impact of the GOP’s tax overhaul on divorces. The biggest changes that affect divorcées is the repeal of various deductions, the creation of new ones, large tax cuts for business entities, and eliminating many exemptions. These changes require special attention when calculating alimony, child support, and division of marital assets. Continue reading

When Marriage Is Not About Love

Valentine’s Day is about romance and love—and a lot of marriage proposals are made on that day. But sometimes there’s fraud lurking among the roses and chocolates. Marriage fraud under immigration law is a big issue for Immigration and Customs Enforcement (ICE), and, sadly, sometimes there’s love on one side of the relationship and fraud on the other. Continue reading

New Year, New Laws for Family Law Attorneys

The California legislature has enacted several new laws that may affect your family law practice. Here are some of the key statutory changes you need to know about. Continue reading