April 2011 Archives

California Father's Rights Suit Filed Against Japan Airlines

April 30, 2011, by David P. Schwarz

A Los Angeles man is taking Japan Airlines to court claiming the carrier "wrongfully helped his Japanese ex-wife leave the United States with their son, despite court orders that the child remain in California," according to an account of the case by Agence France Presse.

The incident goes back to December 2008, AFP reports, when Scott Sawyer's ex-wife Kyoko took their two-year-old son to Japan in violation of a California child custody order. Sawyer has not seen his son since. His chances of doing so are particularly bleak because, as the news agency notes, Japan is one of the world's few wealthy countries that is not a signatory to a 1980 treaty requiring "the return of wrongfully held children to their usual countries of residence." In addition, Japanese courts rarely return children to foreign parents in the context of international child custody disputes.

At first glance this might seem to be mainly an issue of child custody, rather than of
California father's rights. What it spotlights, however, is the uneven enforcement of father's rights, particularly by the travel industry. As many divorced fathers can attest, international travel with one's children is rarely smooth unless the dad is carrying a letter from the child's mother authorizing the trip. Divorced women undertaking similar trips, however, are rarely asked to produce similar documentation.

Parental abduction has been a serious issue for years, and an especially complex one when cases cross national borders. Rules designed to protect the rights of parents need to be enforced evenhandedly, not in a way that favors parents of one gender. Sawyer's lawyer contends that neither Japan Airlines nor the travel agency that arranged the trip took appropriate precautions to protect both parents' rights, despite what the California family law attorney calls "a long list of red flags."

Fathers' rights are an important area of the law, but not the most common one. That is why it is crucial to select an Orange County fathers' rights attorney with extensive experience in this legal specialty. Divorced parents should be treated equally by the law when they travel. A Costa Mesa fathers' rights lawyer can help you ensure that your rights as a parent are respected.


AFP: US dad sues Japan Airlines after ex-wife left with son

Military Divorce Poses Unique Problems in Orange County & Nationwide

April 27, 2011, by David P. Schwarz

A fascinating article which appeared on the Huffington Post earlier this month seeks to shine a light on military divorce. That is a welcome change. Military divorce is an issue that has received too little attention here in Orange County and elsewhere around the nation despite the fact that the United States is now fighting three wars.

Citing Pentagon data, the article notes that "7.9 percent of women in the armed forces got a divorce last year - versus 3 percent of their male counterparts." It also cites a researcher with the RAND Corporation who says that based on a study of 15 years worth of similar data those numbers "are part of an ongoing trend."

As I have written several times over the last few years, military divorces pose a number of unique issues. They frequently cast their net far wider than California and Orange County. As I noted in a post last month, some states are seeking to treat military pensions differently from other income in ways that could encourage 'jurisdiction shopping' by soon-to-be-ex spouses. Similarly, child custody cases arising from military divorces often cross state lines. This is a complicating factor under any circumstances, but can become much more difficult for mothers and fathers in uniform when their spouse attempts to use deployment, or the possibility of it, as a lever in custody and visitation negotiations.

The RAND researchers cited by the Huffington Post also make the interesting observation that some of the discrepancy between male and female military divorce rates may stem from the fact that while more than "90 percent (of military men) are married to civilians... the majority of married women in the military have spouses who also serve." Military women, in other words, are more likely to be raising families facing the possibility of multiple, or even simultaneous, deployments.

Whether one's spouse is also in uniform or not, it is particularly unfortunate when a soldier, sailor, airman or marine facing the end of a marriage finds their service to our nation used against them in divorce and child custody cases. Military divorce cases, in short, are different from others. In selecting a California or Orange County divorce lawyer it is, therefore, crucial to look for someone with extensive experience working with military families going through divorce - an attorney who is able to appreciate the special circumstances that come with life in uniform.


Huffington Post: Divorce rate for women in military double that of men

Child Support: Confiscation of Gambling Winnings to Pay Off Child Support Debt

April 27, 2011, by Winiviere G. Sy

Commencing May 20, 2011, if you live in the State of Louisiana, the Department of Children and Family Services may confiscate your gambling winnings to pay off any outstanding child support debt owed by the debtor.

Under a Louisiana law that was approved last year, it allows the State to intercept cash winnings of at least $1,200, an amount that requires reporting on tax forms. The gambling board needed to enact the rules before the law could take effect.

Previously, slot machine annuity payments were the only gambling proceeds that could be seized.

The Department of Children and Family Services is creating a database for casinos to check for whether a winner owes back child support in Louisiana. If so, the winnings will be confiscated if any child support debt is owed. Several other states have similar systems.

Before paying winners, the casinos will determine if any child support debtors' names appear in the database. If a name is detected, the casino will confiscate the amount owed and charge an additional administrative fee of up to a $35. Pursuant to the regulations, any winnings received above what is owed plus the administrative fee will then be paid back to the gambler.

Each casino in Louisiana is required to submit a monthly report detailing the number of searches in the database, the number of matches found, the amount of jackpot winnings seized and the total administrative fees charged.

Thousands of children around Louisiana are owed more than $1 billion in child support.

From an Orange County child support lawyer's perspective, this a good way to get deadbeats to pay their child support debts. Instead of wasting money on gambling, said money could go towards payment of a child support debt. This is why it is important to pay your child support debt. Otherwise, other ramifications such as the confiscation of a driver's license or passport could plague you.

Source: La. to Seize gambling winnings for child support

Nicolas Cage involved in Domestic Abuse with Third Wife

April 25, 2011, by Winiviere G. Sy

On top of his mounting $14 million IRS tax debt, Nicolas Cage now finds himself in a domestic violence altercation with his third wife, Alice Kim. Last week, Cage was arrested in New Orleans for domestic abuse, disturbing the peace and public drunkenness.

According to police, Cage was heavily intoxicated and violent, arguing with his wife in a tattoo parlor and on the street. He was also accused of pushing her and later punching a few cars. In fact, the couple was fighting over which house they were renting in the French Quarter, while Cage is in town filming new movie "The Medallion."

"Apparently he had mistaken the house of my neighbors for the other house up the block that he is actually renting," Peter Bennett, a local street performer who lives near the property, told People. "His wife was trying to persuade him from disturbing the elderly couple who do in fact live in that house."

However, Cage was actually renting the house three doors down.

When the police arrived, Cage started to get into the back of the police car then took off running toward the river, according to People. Police found him trying to get into a cab.

Meanwhile, Kim has denied that Cage pushed her and declined to press charges. Cage is ordered to return to court on May 31.

From an Orange County divorce perspective, domestic violence or domestic abuse is not something that the victim should take lightly. Failure to report domestic violence to authorities, such as the police, could cause the victim to fall deeper into the wrath of her abuser. Further, if the parties involve have children, such domestic abuse will have an effect on Orange County child custody and visitation issues.

Consult an Orange County divorce lawyer for more information on domestic violence.

Source: Nicolas Cage Back to Work After Arrest

Endless Divorce Case Highlights Importance of Skilled Counsel

April 24, 2011, by David P. Schwarz

A divorced California couple now living in Tennessee may well serve as the best living examples of the importance of getting the right sort of legal advice when embarking on a divorce, be it here in Orange County or elsewhere.

According to the Memphis Daily News, Shem and Danielle Malmquist were married for less than five months, but have now spent six years battling each other in court. The paper reports that the couple "met in California and had one child before moving to Memphis and getting married the same day Shem Malmquist got a divorce from his second wife." A few months later Danielle gave birth to the couple's second child. A month after that Shem filed for divorce.

That divorce has become a model of litigiousness and contention. According to the Daily News, a recent Tennessee appeals court ruling noted that "this is not a complicated divorce case," yet it has resulted in "unnecessarily protracted litigation." A lower court granted the couple's divorce in 2007, awarding Shem custody of the children. Danielle received visitation rights, a portion of Shem's retirement savings and "transitional alimony." But, as the appellate court notes, "as we have seen in similar divorce cases, the entry of a final decree is often seen as nothing but an invitation to move for modification."

That sentence may contain the key truth of this case, along with the fact that Danielle has been through nine - yes, nine - attorneys over the course of the case. When a divorce proceeding becomes overly contentious, the best attorneys are those who can cut through the emotion and help their clients find a settlement both sides can live with.

This is not to say that every divorce can, or ought to be, a smooth or pain-free process. It does, however, highlight the important role an Orange County divorce lawyer plays in serving as both advisor and advocate for his or her client. The best attorneys are strong advocates of their clients' interests, but are also able to prevent Los Angeles, San Bernardino or Orange County divorce and child custody proceedings from degenerating into never-ending days in court.


Memphis Daily News: Six-year divorce case picture of judicial ineptness

Orange County Divorce: Tips for Planning a Prenuptual Agreement

April 22, 2011, by Winiviere G. Sy

If you are considering getting married soon, perhaps implementing a prenuptual agreement may be something you should consider to protect your assets in the event of an Los Angeles County or Orange County divorce.

At any rate, here are 5 tips to assist you in planning a prenuputual agreement (which can also be found here):

Five tips for planning a prenuptual agreement:

1. Do it long before the wedding. Get the agreement as early as six months to a year before a wedding date to ensure that both parties have had time to review it. Last-minute contracts are harder to enforce.

2. Step out of your emotions. The emotional roller coaster of falling in love and wedding planning can distort reality. Getting objective feedback can help separate what is real and what imagined. "My husband likes to joke that we lose 100 IQ points when we are falling in love," says a therapist. "It's called emotional flooding and we can learn to manage those emotions."

3. Use your taxes as an excuse to talk about money. "Right now we are in tax season, so it's a great time to look at finances," "Look at each other's returns as a way into the conversation. It can feel threatening, but it is important to have the uncomfortable conversation now, rather than later in a time of crisis."

4. Make your agreement reasonable and enforceable. If you are preparing a prenuptial contract, establish your goals and don't include fault clauses (like "If you cheat on me, you owe me $1 million"), advises a family law attorney. The goal is to have a contract that is enforceable and provide each spouse with a sense of exactly what they are getting if the marriage ends.

5. Research your state's law regarding marriage and property. Marital property laws differ from State to State. For instance, California is a community property state.

Contact an Orange County divorce lawyer for more information on drafting a prenuptual agreement.

Source: 5 tips on planning a prenuptial agreement

Orange County Divorce: Real Housewife of Orange County Tamra Barney plans to remarry

April 20, 2011, by Winiviere G. Sy

We have previously blogged about the divorce involving Tamra Barney and Simon Barney.

It appears that Tamra has moved on. She has reportedly told Radar Online that she plans to marry her younger boyfriend, Eddie Judge. Tamra states "We've talked about marriage and we want to get married," she told Radaronline. She also goes on to states that "It's an insane amount of love; I have never said term 'soul mate' before, but we are!" That's great. It's always nice to hear when couples can move past their divorces and start anew.

So, this story got me thinking about what a person can do if they want to remarry but their divorce to their ex spouse is still ongoing. The most common legal practice is to file a Motion for the Bifurcation of Marital Status. This allows one party to terminate their marital status while the rest of the divorce issues (i.e. custody, child support, spousal support, property division, attorney fees) are still pending. The filing of a bifurcation for marital status is typically used for people who plan on remarrying and they cannot wait 3-4 years until their divorce is final. The filing party understands that there is no possibility of reconciliation.

The party requesting the bifurcation of marital status must agree to adhere to the provisions set forth in Family Code section 2337. Said Family Code states as follows:

The court may impose upon a party any of the following
conditions on granting a severance of the issue of the dissolution of
the status of the marriage, and in case of that party's death, an
order of any of the following conditions continues to be binding upon
that party's estate:
(1) The party shall indemnify and hold the other party harmless
from any taxes, reassessments, interest, and penalties payable by the
other party in connection with the division of the community estate
that would not have been payable if the parties were still married at
the time the division was made.

Continue reading "Orange County Divorce: Real Housewife of Orange County Tamra Barney plans to remarry" »

Aguilera's California Divorce Official Now That Waiting Period is Complete

April 19, 2011, by David P. Schwarz

Christina Aguilera is officially single again. As we noted in a February post, her Los Angeles divorce settlement was finalized earlier this year. California, however, requires a six-month period of separation before a marriage can be formally dissolved. Those six months were up last Friday.

The legal details of the pop diva's California divorce differed in some key ways from what we are accustomed to seeing in celebrity cases. It is much more common (see: anything related to the McCourts) for waiting periods to become essentially irrelevant because California's statutory waiting period comes and goes while the couple are still thrashing things out via their attorneys and in court.

In Aguilera's case, "in papers filed on February 9, 2011, a Los Angeles Superior Court judge determined... April 15 as the day the couple would finally, and formally, go their separate ways," according to a report by the TV network and web news service MSNBC.

Interestingly, the network further notes that when Aguilera originally sought a divorce from her husband, Jordan Bratman, in October she listed September 11, 2010 as the date of their separation. The fact that the judge chose to put aside that assertion and start the six-month clock ticking from the date of the filing is a useful reminder for couples seeking a Los Angeles or Orange County divorce that such matters are ultimately the judge's to decide. Put another way, those eager to re-marry quickly need to bear in mind that the timing may not be entirely theirs to control.

Issues of timing and procedure are among the most important aspects of an Orange County separation agreement or settlement, and are also areas where an Orange County divorce attorney can offer essential advice to clients, particularly those eager to move the process along quickly with an eye toward re-marriage.

MSNBC: Christina Aguilera's Divorce a Done Deal

Couple Forced to Pay Surrogate Child Support who decided to keep the baby

April 18, 2011, by Winiviere G. Sy

This is an interesting story. An England couple decided to hire a surrogate to carry their child for £10,000 in expenses. Suddenly, halway through the pregnancy, the surrogate decides she wants to keep the baby. What a disappointment for the couple. However, it gets worse. A judge supports the surrogate's decision to keep the baby because she is the biological mother of the child. The Judge then orders the couple to pay the woman who "stole" your child £500 per month in child support - even though you will never see the baby.

This sounds unfair. The court reasoned that the couple should pay the surrogate child support based on the following:

1. The couple in this real-life case only "made an informal agreement" with the surrogate, offering to pay her £10,000 in expenses.

2. After the surrogate decided to keep the baby, the couple "relinquished their contact rights because they said it would be too difficult emotionally and that it was unfair for the baby to be split between two homes." They even allowed the surrogate to keep the £4,500 they had already given her. But the couple wants to stop financially providng for the child's life.

From an English court's perspective, its been argued that the biological mother has every right in this instance to keep the child. In Britiain, "surrogacy agreements are not legally binding in court, even with a formal written contract." (Note: in the United States, only eight states have laws protecting the contractual arrangements of surrogacy.)

Additionally, though it was extremely underhanded of surrogate to decide to keep the child midway through the pregnancy and potentially wrong of the court to award her custody, now that she has custody, she has every right to receive child support from the baby's biological father.

In Orange County and other Southern California Counties, one must proceed with caution when considering surrogacy. A change of heart of the surrogate is really something that potentially could arise.

For more information on child support, contact an Orange County child support lawyer for more information.

Source: Couple Forced to Pay Child Support to Surrogate who kept their baby

California Custody & Visitation at Issue for MMA Star Chuck Liddell

April 15, 2011, by David P. Schwarz

A celebrity child custody and visitation case suddenly got a lot nastier last week when mixed martial arts star Chuck Liddell was publicly accused by his ex-wife of kidnapping the couple's son and taking him to California, according to the celebrity-tracking website TMZ. Liddell, in turn, appeared before a California family law court to accuse his ex of neglecting the child.

The case seems to have begun in late March when Liddell traveled to Colorado, where his ex-wife Lori Geyer lives with her current husband, for a visit with the couple's 12-year-old son. Four days later, TMZ reports, Geyer received a call from Liddell's attorney informing her that the boy was in California and would remain there until a custody hearing could take place.

A week later Liddell was in a California court seeking full custody of the boy, claiming his mother had neglected him by leaving a "severe toothache" untreated for "2 or 3 months," and also that "the boy was allegedly abused by being forced to perform physical labor - including snow removal."

It is easy to have sympathy with a father who feels his ex is not properly caring for a child and goes to court in an effort to put the situation right. From an Orange County family law attorney's perspective, however, it needs to be said that taking the child to a different state without notice or permission, regardless of the circumstances, can look a lot like kidnapping in the eyes of the law and is not likely to help one's case.

Grave steps, such as the reopening of a long-settled child custody and visitation agreement should always be preceded by careful consultation with an attorney, particularly when multiple states are involved. An Orange County father's rights lawyer can help clients devise a strategy most likely to succeed in court and, in the process, help guarantee you the deep and significant relationship with your child that every parent wants and deserves.


TMZ: Chuck Liddell's Ex - You Kidnapped Our Son!

TMZ: Chuck Liddell Asks Judge for Full Custody

Post-Judgment Divorce: Diandra Douglas Revives Bid for Movie Cash

April 14, 2011, by Winiviere G. Sy

In another attempt to obtain her share of the monies from Michael Douglas' film, "Wall Street: Money Never Sleeps", Diandra Douglas is seeking court relief to obtain said monies in a New York City court house. It was previously decided that a New York court did not have jurisdiction to make a ruling on Diandra's claim. However, Diandra's lawyers are once gain reviving the lawsuit in New York City asking said court to reconsider its ruling.

With Diandra looking on, Michael's lawyer noted his recent fight with throat cancer and said his ex "should be ashamed of herself" for seeking more money when she's gotten more than $51 million from him in the divorce and her stake in some earnings afterward. Meanwhile, Diandra's lawyers brought up his recent purchase of a $5 million-plus home near New York and his children's private schools.

Leaving court, Diandra Douglas lamented the "mudslinging" she felt was directed at her.

"I've always behaved as a lady, and I always intend to do so in the future," she said. "I think the facts speak for themselves."

Michael Douglas wasn't at court. His lawyer, Marilyn B. Chinitz, said his ex-wife's claim was meritless, and "she ought to get the message and move on."

Diandra insists on pursuing her claim in New York despite the fact that the parties are to litigate the matter in Santa Barbara County, California. Diandra claims that it would be difficult for her to travel back and forth from California to New York and requests the matter be heard in New York. Diandra makes these claims despite owning a home nearby in California.

These types of post-judgment issues after finalization of a divorce can always creep up many years later. When the parties involved acquire such a large community estate, it is always best to have a prenuptual agreement in place so your assets are protected. This is why hiring an Orange County or Los Angeles County divorce lawyer is imperative.

Contact an Orange County divorce lawyer for more information.

Source: Michael Douglas' Ex Revives NYC Bid for Movie Cash

Los Angeles Child Visitation Case Raises Complex Interstate Issues

April 12, 2011, by David P. Schwarz

It is difficult to imagine a more tragic situation - a mother suffering irreversible brain damage while giving birth to triplets. Compounding the tragedy, four years later the mother's extended family is in California family court arguing over issues of visitation.

As detailed in a report by KTLA, Abbie Dorn was healthy and happy when she went into the hospital to have her babies in 2007. "During delivery, Abbie began bleeding and went into cardiac arrest starving her brain of oxygen." As a result, the TV station reports, she has remained "in a minimally conscious state" and has not seen her babies, now 4-year olds, since they were toddlers.

The stricken mother is cared for in South Carolina by her parents, her treatment and living expenses paid from the proceeds of a multi-million dollar medical malpractice lawsuit. Her former husband (he divorced her a year after the accident) and the children live here in Southern California. The father has been fighting attempts by the grandparents to arrange visits with the stricken mother. Recently, however, a Los Angeles family court ruled in the grandparents favor: the children will now spend five days per year with their mother and will see her once a month via a computer video link.

The father has sought to block the visits, believing they are not in the children's best interests and has offered only to consider visits at some unspecified future time "if he receives medical evidence that she will be able to communicate with them." He has also filed papers seeking child support from Abbie's estate.

Viewed from afar one may ask why it was that the father and the grandparents were not able to solve their issues without going to court. The fact that they could not do so is a reminder of the important role Orange County family law attorneys play in our legal system when family members are unable to work out California visitation and child support issues among themselves. Of course, in so emotional a situation it is important to note that any amicable agreement reached without the help of attorneys should probably be formalized and made legal and official to protect the interests of everyone involved. In this way, a Los Angeles or Orange County visitation lawyer can serve as a source of legal advice and expertise, to ensure that everything is done properly and according to law even in emotionally difficult proceedings.


KTLA.com: Quadriplegic Mother Granted Visitation Rights

Contempt of Court: County Sherrif sent to jail for failure to pay Child Support

April 11, 2011, by Winiviere G. Sy

This is quite interesting, as a member of law enforcement, a Dallas Deputy Sherrif was recently sent to jail for four hours due to his failure to pay his child support obligation.

Deputy Lonnie Burgess, who was hired in 2008, was booked in jail and released on April 4, 2011. Indeed, the Sheriff's Department has been trying to police its own employees, having recently discovered that some of them had active warrants or owed the county money in unpaid fines.

Dallas court records show Burgess filed for divorce against his wife, Deborah, in a Dallas County family court in 2007. Said divorce was finalized in 2008. Additionally, the court docket indicates Deputy Burgess has had problems due to his failure to pay child support several times in the past. Due to said failure to pay child support, a judge has entered previous contempt orders against him. The ex-wife, Deborah Burgess, claimed in court documents that in September of last year, her husband owed more than $15,000 in back child support for the couple's three children.

Further, records indicate that on April 4, the judge issued a warrant for Deputy Lonnie Burgess' arrest after holding him in contempt.

The Texas Attorney General, which enforces payment of child support, has filed documents with the court requesting that Dallas County withhold money from Deputy Burgess' paychecks. This is fairly common in proceedings here in Orange County or Los Angeles County. If a payor refuses to pay his child support obligation, a wage assignment may be issued.

Deputy Burgess was ordered to pay $1,500 per month in child support. Let's hope he keeps up with his payments either through voluntarily paying or through the wage assignment. Either way, sending a payor to jail for wilful failure to pay child support is a sign that the Courts will not take one's failure to pay lightly. if you have children, pay your dues accordingly.

For more information on any child support issues or divorce issues, contact an Orange County child support lawyer for more information.

Source: Dallas County Sherrif warrant deputy jailed for not paying child support

California Divorce for Chris Pontius Follows Lengthy Separation

April 8, 2011, by David P. Schwarz

Celebrity-watching website Gather.com reports that Claire Nolan, the wife of Jackass star Chris Pontius, has filed for a California divorce in Los Angeles family court. One surprising revelation contained in the filing: the couple "officially separated" nearly two years ago, in 2009, a fact that had not previously been widely reported. She is officially seeking the divorce on grounds of "irreconcilable differences."

The couple married in 2004, a year after meeting while Pontius was promoting the first Jackass film in Ireland. Pontius, who goes by the name "Party Boy" in Jackass projects, later hosted a Jackass spinoff series, Wildboyz, and has also appeared in several non-Jackass movies, according to Gather.

Media reports on the couple's break-up answer few of the questions we usually have when a celebrity couple splits: whether or not there is a pre-nuptial agreement, whether one spouse (Claire, presumably) is requesting support from the other, how the couple's division of assets will be accomplished. Pontius and Nolan have no children, so Los Angeles or Orange County child custody and visitation will not be an issue as their divorce action moves forward.

It is safe to speculate, however, that spousal support will enter the Los Angeles divorce equation sooner rather than later. It is rare to hear of a non-famous celebrity spouse not seeking to avail him or herself of the spousal support provisions of California family law.

Resolving issues like these, and, preferably, keeping them from escalating and becoming contentious, are among the most important tasks an Orange County divorce lawyer takes on. Whether you come to an attorney seeking to protect your assets from unfair claims, or seeking help obtaining everything to which you are entitled, the legal expertise offered by a full-service Costa Mesa family law firm is indispensible when contemplating a California divorce.


Gather.com: Chris Pontius' Wife Files for Divorce

Pop Eater: 'Jackass' star Chris Pontius' wife files for divorce

Orange County Divorce: Disposition of the Marital Residence upon Divorce

April 8, 2011, by Winiviere G. Sy

An issue that often times is dealt with in a divorce proceeding is how to handle the disposition of the former family residence upon a divorce. Specifically, how do you remove one party's name from the loan. Do you refinance? Is refinance your only option? There is another, little-known option that can avoid refinancing and its costs, which generally run 3% to 6% of the outstanding loan principal, according to LendingTree. One spouse simply has to ask his or her lender to remove the former spouse's name, leaving the loan note in the other spouse's name only. This is called release of liability.

To qualify for release of liability, the lenders and servicers will have to run a separate credit check on the applicant. For example, this requires that the applicant meet minimum the credit scores (typically from Fannie Mae, the giant government buyer of loans), and they also need to ensure that you are current with the monthly mortgage payments. They may also require that any investors in the loan, after it is sold off, agree to the deal. If you owe more on the loan than what the property is actually worth, this option is not available.

So, if the homeowner can prove that he or she can afford the payments and meet the required credit criteria -- typically those of the investor in the loan -- then release of liability may work.

For more information on how to handle the disposition of a community property residence or if you have any questions in general about divorce, contact an Orange County divorce lawyer for more information.

Source: Avoiding Refinancing Costs After Divorce


Orange County Divorce: Court's Power in Family Court

April 7, 2011, by Winiviere G. Sy

Just how much power does a family law court have over a California divorce? It pretty much depends on what issues are before the court. For example, if a spouse is alleging they are not able to become self-supporting due to an alleged medical condition, that person's medical condition is at issue. Discovery of said medical issue becomes fair game.

In fact, a top divorce attorney was quoted as saying "[c]ourts have wide authority to order just about anything once physical or mental capability comes into question," The lawyer went on to state that "[c]ourts can test, and continue to test over time, for mental and emotional stability, drugs and alcohol abuse, even for communicable diseases. It all depends on what the other side brings into question and how the judge decides to weigh the accusation,"

What about power over child custody issues? If there is suspicion of abduction or a flight risk by a parent, then, of course, issues relating to out of State travel and what to do about a passport are raised. In fact, a family law court might limit vacation travel during the children's Summer or Winter break.

The court also has wide power over a person's failure to pay child support. Indeed, I've written about Contempt issues many times before. The court has power to put a hold on the payor's U.S. Passport and/or his/her driver's license if the payor fails to pay his or her child support obligation.

For more information on divorce and how an Orange County divorce attorney can assist you, contact the Law Offices of David Schwarz for more information.

Source: Family court can pull passports, order drug testing and more during custody proceedings

Southern California Divorce Settlement Hearing Postponed for the McCourts

April 4, 2011, by David P. Schwarz

When last we left Frank and Jamie McCourt - a couple who, over the last 18 months, have engaged in what is arguably the biggest, bitterest and highest profile Southern California divorce in recent memory - Jamie had just won a major victory with a Los Angeles family law court's ruling that a disputed post-nuptial agreement is valid and she, therefore, is a co-owner of the Dodgers.

That made last week's headline in the Los Angeles Times a bit surprising: "Frank and Jamie McCourt working quietly on a settlement." 'Quiet,' 'settlement' and 'McCourt' are words we are not accustomed to seeing together in the same sentence. The confluence of that headline and Opening Day made this seem like a good time for an update.

The Times report says attorneys for the couple sought and received postponement of a hearing scheduled to take place early next week regarding settlement issues. The hearing had been scheduled to consider Jamie's demand "that Frank be ordered to provide her with extensive financial documentation regarding the Dodgers' business operations." The Times notes that media reports over the winter have indicated that Jamie is willing to cede her share of the team back to Frank in exchange for a payout "but she has balked at the proposals he has offered" so far. The postponement request, coming after about a month of renewed settlement talks, may indicate that the two sides are making progress.

One need not be a baseball fan to observe that the McCourts' may stand a better chance of coming to a final California settlement agreement if they manage to continue to keep their negotiations out of the media spotlight. Complex settlement litigation can become a problem for high net-worth couples, and publicity rarely helps if the goal is to make property division issues go smoothly. Resolving cases like these involving business valuation issues and the separation of high-value marital assets often requires specialized legal assistance. In the McCourts' case, for example, issues surrounding the Dodgers appear to have become a sticking point (now that courts have ruled that Jamie is a part-owner of the team).

As a result, this case is emerging as a textbook example of the important role a Los Angeles or Orange County family law attorney can play resolution of complex and contentious California family law issues.


Bloomberg: Dodgers Owner McCourt's Ex-Wife Seeks Documents on Baseball Team finances

Los Angeles Times: Frank and Jamie McCourt working quietly on a settlement