Blog Posts in 2014

  • Changes Being Made to Child Support and Spousal Support Laws

    || 21-Oct-2014

    Family Code 218 is intended to overrule a decision related to In re Marriage of Boblitt, which was decided in February of 2014 by the California Appeals Court. Essentially, the Boblitt Court made post-judgment discovery more cumbersome. For instance, if a moving party in a child support or spousal support modification request sought discovery related to the opposing party's income and assets, ...
    Continue Reading
  • On August 7, 2014, the Court of Appeal of the State of California, Second Appellate District, District Eight, deciding the matter of In re J.T., a Person Coming Under the Juvenile Court Law, released a decision that adds additional clarification to grandparents wishing to exercise periods of visitation with their grandchildren. It is important to note, however, that this case only applies to ...
    Continue Reading
  • Whether it be a petition for dissolution or a petition for legal separation, one of the most critical issues you must face from the onset is establishing the date of separation. I'll explain why; in California, community property is defined by the family code as follows: "Except as otherwise provided by statute, all property, real or personal, wherever situated, [and debts] acquired by a ...
    Continue Reading
  • Child Custody: The Variations of Legal & Physical Custody

    || 2-Jul-2014

    It is important for you to recognize that in Family Law proceedings, the Court is concerned with the best interests of the children and, absent exceptional circumstances, assumes that frequent contact with both parents is advantageous to the children. You may want to speak with me from time to time regarding any conflicts or difficulties encountered between you and your spouse. In the meanwhile, ...
    Continue Reading
  • Spousal Support

    || 25-Mar-2014

    California law provides that spouses are entitled to receive " spousal support ", i.e. alimony, from each other based on many factors, the most important of which are the respective income of both parties (or the lack thereof), the duration of the marriage, and the marital lifestyle. Spousal support is the term for "alimony" under California law. No matter what you call it, ...
    Continue Reading
  • Child Support: Mandatory & Discretionary Child Support Add-Ons

    || 17-Mar-2014

    Guideline Child Support Child support in California is determined by a statewide formula which includes multiple factors including, but not limited to: The custodial time share between the parents of the minor children; The gross pre-tax earnings of each parent; and Certain permitted deductions, which includes mandatory retirement contributions and health insurance. Lawyers and family court judges ...
    Continue Reading
  • Financial Assistance for Attorney Fees

    || 18-Feb-2014

    All too often, one of the divorcing parties in a marriage has primary (or sole) access to the martial financial resources. This presents problems for the spouse that does not have control to ensure that he or she has access to legal representation. Similarly, there are situations when a legal dispute is initiated regarding a Petition to Establish Custody, or a modification of support ( child or ...
    Continue Reading
  • Fiduciary Duties, Disclosure and Sanctions

    || 10-Feb-2014

    During the course of the marriage, and continuing through the dissolution proceedings and until the assets have been distributed, spouses have fiduciary duties to one another, which will be explained in the following paragraphs. Inextricably intertwined with and part of spouses' fiduciary duties is the duty to truthfully and fully disclose assets and liabilities. California Family Code section ...
    Continue Reading
  • The Process of Discovery In many divorce cases, you or your spouse may not know all the information that is needed to deal with or resolve many of the issues involved in your Dissolution proceeding. One of the tasks for an attorney and his or her client is to seek such information, e.g., to identify and place a value on the community assets and liabilities. Discovery is the legal term for ...
    Continue Reading

Contact Our Firm

Have questions? Fill out the information below to receive an immediate response.

Submit Your Message
Santa Clarita Divorce Attorney

Office Location:

Martinelli Law Group
Santa Clarita Divorce Attorney
28422 Constellation Road, Suite 208
Valencia, CA 91355
Directions [+]

Call for a free consultation


Follow Us On:

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.