Orange County Divorce Lawyer Blog

September 25, 2017

the Kentucky clerk who denied same sex couples marriage licenses can be sued

ASHLAND, Ky. (CN) – Two lawsuits against Kentucky county clerk Kim Davis – who refused to marry same-sex couples after the historic U.S. Supreme Court ruling legalizing gay marriage – will proceed, but only against Davis in her individual capacity, a federal judge ruled. That measns that the federal that passed will allow same sex couples the same rights concerning divorce as other not same sex couples.

Davis, clerk of Rowan County, Ky., spent five days in jail in 2015 after she was held in contempt of court for refusing to issue marriage licenses for same-sex couples, following the Supreme Court’s landmark decision in Obergefell v. Hodges. She claimed her beliefs as an Apostolic Christian prevented her from sanctioning the unions.

In a pair of 21-page rulings issued Friday, U.S. District Court Judge David L. Bunning disagreed with Davis’ assertion that her policy created a “mere inconvenience” to gay couples – whom she said could have traveled to another county to obtain licenses – and refused to dismiss personal-capacity claims against her.

September 25, 2017

rob karkashian is paying $20,000 month in child support

by Law Offices of David P. Schwarz

Rob Kardashian has agreed to pay $20,000 a month in child support, ending a vicious custody battle with his former fiancée, Blac Chyna.

As part of the agreement, Chyna dropped her domestic violence allegations against the reality TV star

The pair had announced their engagement and pregnancy in May 2016, then split a month later. A month after the baby was born in November, Kardashian wrote in an Instagram post that Chyna had taken the baby and left his home.

September 25, 2017

fraud during the marriage in Indianpolis couples divorce.

by Law Offices of David P. Schwarz

Veteran financial fraud investigators had never seen anything like it before: A bankruptcy scam in which an Indiana woman stole her husband’s identity—while they were still married—and began to loot his 401(k) retirement fund and other assets.

“This was certainly a unique case,” said Special Agent Doug Kasper, who supervised the investigation from the FBI’s Indianapolis Division. Even after 58-year-old Patricia Bippus-Allen was sentenced to five years in federal prison in July after pleading guilty to conspiracy to commit bankruptcy fraud, subornation of perjury, wire fraud, and aggravated identity theft, investigators remain uncertain about her motive or what she did with the money.

What is certain, however, is that Bippus-Allen devised an elaborate bankruptcy fraud to gain access to her husband’s wages, and she made multiple unauthorized withdrawals from his 401(k) retirement account—all with the help of her brother, who impersonated her husband.

September 22, 2017

anthony weiner divorce not confidential says Judge

by Law Offices of David P. Schwarz

Serial sexter Anthony Weiner’s been exposed again.

This time a Manhattan judge has yanked a confidentiality caption that was shielding the disgraced pol’s divorce case with his soon-to-be ex-wife, Hillary Clinton aide Huma Abedin, from the public. Documents that are sealed usually have some sensitive information in them that cannot get out to the public. However, in Weiner’s case it is obvioius there is no sensitive information that needs to hidden from the public. Any minor victim of Anthony Weiner will not be listed in any public record because of their age. Weiner’s criminal history does not fall under confidentiality principles of law.

In California the judge must find certain factors in order to seal court documents such as an overriding interest exists that overcomes the right of public access to the record, the overriding interest supports sealing the records; a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; the proposed sealing is narrowly tailored; and no less restrictive means exist to achieve the overriding interest.

September 21, 2017

Audrina Patridge is getting divorced

by Law Offices of David P. Schwarz

Audrina Patridge is divorcing her husband of less than a year, on the heels of running to court to get protection from him the newpaper has learned. She is also seeking a domestic violence protection order from the Court. Often these Domestic violence actions can be used as a sword by a party trying to get the uppper hand in the divorce action and try to get primary custody of the child. However, the facts of this case are only viewed at this point through Audrina’s eys and not Corey’s.

The former ‘Hills’ star filed to divorce Corey Bohan on Wednesday, and according to docs the split appears to be triggered by a series of incidents she considers menacing and emotionally abusive.

In the docs, obtained the media, Audrina says the violence began in mid August when they argued about her accusing him of cheating. She says she was holding their daughter, Kirra Max, when Corey pushed her back. Audrina says he then emptied out her backpack and purse, and began punching himself in the head … and threatening to bash himself in the head with a metal canister if she left.

September 21, 2017

tax planning and divorce

by Law Offices of David P. Schwarz

One of the most important aspects of the divorce process is tax planning, yet it is possibly one of the least understood. Taxation issues are an essential aspect of most divorce cases and must be carefully handled prior to the dissolution of the marriage. Indeed, tax issues can determine certain aspects of the litigation. For instance, where one spouse earns substantially less than the other, various tax strategies can be used to legally shift income from the higher-earning spouse to the lower-earning spouse.

All of the available tax strategies are too numerous to reference and may change due to the needs of the parties, the complexities of the case or with new tax regulations and revenue rulings. When you’ve got a business to run and teams to lead, something life-altering like a divorce, can take a lot of time and due diligence. So here’s a non-exhaustive review of the basic taxation rules you should know about in matrimonial litigation.

Child Support And The Dependency Exemption

September 19, 2017

The death of Edith Windsor a pioneer for the lesbian/gay community and advocate of the legalization of the defense of marriage act

by Law Offices of David P. Schwarz

Edith Windsor loved Thea Spyer. For nearly half a century, the two were partners and eventually were legally married as well. When Spyer died in 2009, though, the federal government didn’t recognize that love on Windsor’s tax forms, expecting her to pay more than $350,000 in estate taxes.

That is, until Windsor fought the law that did not recognize that marriage — and won.

Windsor, whose successful campaign against the Defense of Marriage Act made her an LGBTQ icon, died Tuesday at the age of 88. Judith Kasen-Windsor, whom Windsor married last year, confirmed her death in a statement.

September 18, 2017

Utah couple heads to state Supreme Court over law that prevents married gay men from having biological children through surrogacy

by Law Offices of David P. Schwarz

Jon and Noel started talking about having a family not long after they married in 2013.

An author and a professor who have been together more than a decade, the couple considered adoption, but settled on surrogacy out of a strong desire to have a biological child.

That plan was derailed last year when a southern Utah judge denied their petition to enter a surrogacy agreement with a woman who wanted to help make their family complete.

September 16, 2017

Fergie and Josh Duhammel getting divorced

by Law Offices of David P. Schwarz

Fergie and Josh Duhammel shocked Hollywood by filing for divorce on their marriage after eight years together. But the once dynamic duo was rocked by a series of secret and scandals including josh’s affair with a stripper.The couple announced their split on Thursday. “With absolute love and respect we decided to separate as a couple earlier this year,” they said in a joint statement to the press. “To give our family the best opportunity to adjust, we wanted to keep this a private matter before sharing it with the public. We are and will always be united in our support of each other and our family.” It is always in the best interest of the high profile couple to resolve the issue of the marriage without conflict. They do have a young child that needs the protection of both parents. In addition, there are property issues that probably can be divided fairly easily as the marriage was not over 10 years.

The child custody issues might be the most important issue of the marriage as the couple has such a young son. But if the couple are properly advised they will be able to come up with a parenting plan to help them achieve the best results for Axl.

Fergie, 42, and Duhamel, 44, who share 4-year-old son, Axl, began dating in September 2004 and tied the knot in Malibu in January 2009. And although they just celebrated their anniversary together in January, the couple has been plagued by marital problems, starting with the actor’s affair with a stripper in October 2009.The Transformers star cheated on his stunning new wife Fergie- having a wild night of sex with a busty blonde stripper.

September 14, 2017

Blac Chyna denies allegations of drug abuse

by Law Offices of David P. Schwarz

Blac Chyna is rebutting suggestions she’s under investigation by child welfare officials. The department of child protective services is the county and state agency that investigates juvenile dependency matters in the County of Los Angeles. Using drugs does not automatically place a person under suspicion by the Department, however, what is the issue the Department will take note on is the placement of the children in harms way. Usually they will investigate if there is a substantial risk of danger to the children of the parents in question.

A lawyer for the beauty entrepreneur denied the existence of an open investigation Tuesday and said she had no knowledge of any filings by the Los Angeles County Department of Children and Family Services related to Chyna’s baby with Rob Kardashian. An investigation by “CPS” or child protective services does not mean their is a filing by the Department of Social Services. Often the Social Services or Social Workers do an investigation first to see if their is any validity to the claims held against Chyna before the Department suggest a filing in the Juvenile Dependency Court. Since the filing of a Juvenile dependency action is pseudo criminal in nature it is the County Counsel that will file any charges against Blac Chyna.

“Chyna is a loving, devoted mother who simply wants to peacefully co-parent her healthy, happy baby Dream with Rob,” Chyna’s lawyer Lisa Bloom said in a statement.

ORANGE COUNTY DIVORCE LAWYER BLOG