By Brian Mullen, Partner Recent Change in Calculation of Military Retirement Benefits Effective December 23, 2016 there has been a sea change in the Uniformed Services Former Spouses’ Protection Act (USFSPA), 10 U.S.Code. It was a sudden and surprise change not discussed or argued, simply presented to the President for signature. The National Defense Authorization Act for Fiscal Year 2017… READ MORE
Served with a Motion to Determine Arrears in Irvine?
I have been served with an “RFO” to Determine Child and/or Spousal Support Arrears, and now I have to go to court. Now what? By Brian Mullen, Esq. Your task is to reduce the amount of arrears claimed by your ex. But how? Let’s assume for the sake of this discussion that the support orders are valid (i.e., no fraud… READ MORE
Dealing with Overly Litigious Parties in Orange County Family Court
Irvine Divorce Lawyers – Free Consultation By Andrew Tran, Esq. In many family law cases, it is not uncommon to be involved in litigation from time to time, whether it is in the initial case (divorce, paternity, child custody, child support, spousal support, etc.), as well as after the issuance of a court order in a “post-judgment” matter. Issues such… READ MORE
10 things to bring to your initial consultation with a divorce lawyer
Most attorneys that practice divorce law offer a free initial consultation where you can schedule a time to meet in person with the lawyer. The guide provides you with advice on how to prepare for an efficient and effective consultation. While most divorce attorneys in Irvine and elsewhere in Orange County don’t specifically provide direct legal advice during this first… READ MORE
How Child Support Works in California: A Complete Guide
Whenever the support of a minor child is at issue, the Court may order either or both parents to pay any amount necessary for the child’s support. In Orange County, a hearing on the issue of child support is set by the filing of a Request for Order (RFO) by one of the parties, or in some cases, by the… READ MORE
How Divorce Works in California: A Complete Guide
We often have Irvine, Orange County clients ask our attorneys, “How does divorce work in California”? This page is designed to explain just how divorce cases work from start to finish, the different types of cases for divorce, and discusses the myriad of issues that may arise during divorce. Getting Started Divorce cases are started different ways depending on the… READ MORE
A Father’s Guide to Winning Custody in Irvine, California
California law presumes that both parents should have a meaningful role in the major decisions that affect a child and frequent and continuing contact with the child. The Court’s focus in making custody of a child and visitation decisions is on the kid’s best interest. Why then do so many mothers end up with the majority of the parenting time with… READ MORE
Guide to Request for Order (RFO) Hearings in Orange County
The February 2016 Shimkus case out of Orange County holds that family court judges don’t have to consider declarations. Then how do I prepare for my hearing? What is the judge going to consider? How do I get “evidence” into Court? These are very real concerns for every litigant that is stepping foot into Court in Orange County. We can… READ MORE
Domestic Violence Includes Controlling Behavior in Irvine California
Domestic Violence Family Law Attorneys – Free Consultation In the recently published case of Rodriguez v. Menjivar, (12/16/2015, Court of Appeal, 2nd Dist., Div. 7), the Court of Appeals reviewed a domestic violence case out of Los Angeles County involving the question of whether evidence of mental abuse and controlling behavior are relevant to a court’s determination of abuse under… READ MORE
Division of Retirement (Social Security and Pension) – Recent Peterson Case
Irvine California – Recent Case Law Provides for Unjust Division of Social Security and Pension Benefits In a recent case from Los Angeles County, a husband (John) and wife (Annette) divorced. Both parties are attorneys. Annette worked for L.A. County and had a pension benefit through her employment, and John worked in private practice and accrued Social Security benefits through… READ MORE