What should you do if your husband or wife threatens to get a restraining order in Carlsbad? What if these events are happening at the same time as discussions about or a pending divorce? Most experienced Carlsbad divorce attorneys should tell you that the outcome of any specific case depends on the facts of that case. However, in any divorce…
In is important to understand child support is statutory and must be considered in every case involving children of divorce. The State of California family law code firmly establishes the responsibility of a legal parent to provide for their child(ren). California has established a complex child support guideline calculation which considers all sources of net income for both parents. The…
Is pet custody anything like child custody in a Carlsbad divorce case? How is the disposition of a pet decided during a divorce? The Governor signed a new law into effect late last year which provides some new standing in a California divorce. No, the pets are not considered equal to children. They are actually classified as property under California…
It might surprise you to learn that you are the most important part of your divorce case. You know your former spouse much better than your attorney ever will. You know a lot more about all bank and investment accounts and liabilities and have access to important financial statements and information. You actually hold the keys to keeping the costs…
What issues are most likely to drive up the cost of a divorce and how can you avoid these expensive financial traps? The two most expensive and commonly contentious issues in a North County or Carlsbad divorce case are child custody and parenting time and business or professional practice ownership. Issues surrounding the children can be the most expensive challenges…
We often hear from our clients “…but it’s the principle of the issue…” during a case. It is important to understand principles can be expensive in a divorce and often aren’t even advantageous to our client’s case. While there issues which are important to place before the Court when other strategies have not succeeded, there are also times when the…
After a divorce collectors can still come after you even if your ex was ordered to pay the debt. Many of our clients are surprised to learn they continue to be responsible on all debts to which they were a signator during the marriage. Why is that? During a divorce proceeding all community debts and assets are evenly distributed between…
What happens when a business asset in a divorce is losing money? In a North County San Diego divorce all assets of the parties must be divided according to California’s community property laws. This includes the ownership interests in a business or professional practice. Normally, the business would undergo an independent “valuation” to establish the value of the community’s ownership…
Can child support be based on more than present income in a North County or Carlsbad divorce? California family law establishes clear guidelines for the calculation of child support. However, it is interesting to note that child support is not simply based upon present earnings for either spouse. The Court is to look at each spouse’s ability to pay and…
Can a college education or professional license be an asset with value in a divorce? California has extensive case law regarding the value of an education or professional license that was obtained during the course of the marriage. California recognizes the sacrifice that both parties must make in order to complete an education or to obtain a professional license, especially…