By Bonnie Riley
On Monday the California Supreme Court published its opinion in Marriage of Sonne. The case involved a pension buy-out of a PERS retirement in a first marriage and the division of repurchased credits during a subsequent, second marriage. Here is a link to the opinion on the court’s website. Marriage of Sonne 2010 WL 597225; [...]
By Leslie Ellen Shear
“Is this a standard room?,” I asked. My room key unlocked a split level room (what most hotels call a mini-suite) with a living room area, bedroom area, huge bathroom, and a balcony overlooking a golf course. It is, I learned, the standard room that your ACFLS discount will get you for less than the price you would ordinarily pay for the kind of mid-level business hotel typically used for family law CLE programs. The base room rate here is $169 a night for our Spring Seminar. ($169 rooms sold out, $199 rooms available as of 2/13/10.)
I’m liveblogging from the Hyatt Grand Champions Resort, Spa and Villas in Indian Wells — site of this year’s ACFLS Spring Seminar. I joined Spring Seminar Continue reading Spring Seminar in the Desert (March 26-28, Indian Wells) “My Brain is Full — Time to Play”
By Dawn Gray
For the past week or two, ACFLS members have been discussing on the ListServ the issue of awarding the family residence to one spouse along with the mortgage without requiring the in-spouse to refinance to remove the other spouse’s name. Often, the result of doing this is that the out-spouse cannot purchase another house because her credit report still reflects that she is obligated on that loan. In addition, if the in-spouse defaults, the out-spouse’s credit suffers and she has no control over whether the in-spouse makes the payments on time. Some of us Continue reading The Family Residence: Is It Fair to Award the Residence to One Spouse Without Requiring a Refinance?
By Dawn Gray
As many of you know, I am a co-author of Complex Issues in California Family Law, in which Steve Wagner and I analyze many property issues under the Family Code. I posted a query to the ACFLS Listserv regarding an issue of §2640 reimbursement that to my knowledge has not been dealt with in any case.
Family Code §2640 authorizes reimbursement for separate property contributions to the acquisition of either community property or the other Continue reading The debate on a Family Code §2640 reimbursement issue
By Dawn Gray
Marriage of Tejeda (2009) 2009 WL 4068594
Decided by the Sixth District on November 25, 2009
Holding: The trial court has no discretion to refuse to divide quasi-marital property when it determines that a marriage is a putative marriage under Family Code §1551.
Summary of the facts: Petra and Pablo Tejeda married in 1973. Unbeknownst to Petra, at the [...]
By Dawn Gray
If Family Code §4326 does not require a supported spouse to file a spousal support modification request prior to the day the child support order expires, the question remains how long after child support ends may such a request be filed? Indefinitely? [...]
By Leslie Ellen Shear
I’m sad to share the news that ACFLS Hall of Fame Award Winner Bill Hilton has passed away. Bill’s leadership in the area of international custody jurisdiction was unequaled.
Please use the Comment button below to post your tributes and memories. You will be prompted to enter a reply to [...]
By Leslie Ellen Shear
I spent last Saturday evening reading 2007 ACFLS Hall of Fame Award Winner Diana Richmond’s Some Other Time: A Novel on my Kindle. I found it absorbing — and didn’t turn out the bedside light until I finished it.
Some Other Time begins in 1940′s Milwaukee and traces three generations of two families to contemporary Berkeley and [...]
By Leslie Ellen Shear
Los Angeles County Superior Court Presiding Judge Charles “Tim” McCoy predicts frightening news for the families and children served by L.A.’s Family and Juvenile Departments. The Los Angeles Times reported (11/11/09),
If this year’s cuts continue for the next four years, McCoy said he may be forced to cut staff and close courtrooms across family, juvenile, civil [...]
