Essentials of California Family Law
Table of Contents
ACTIONS
SUBJECT MATTER JURISDICTION
DOMICILE REQUIREMENT
RESIDENCE
DIVISIBLE DIVORCE
COLLATERAL ATTACK
UDRA(UNIFORM DIVORCE RECOGNITION ACT)
REPRESENTATIVE CASES
VENUE
INTERSTATE CUSTODY
PERSONAL JURISDICTION
CHILDREN
CUSTODY PROCEEDINGS
CHANGE IN CUSTODY/MODIFICATIONS
MOVE AWAY CASES
SECTION 3024
HISTORY OF MOVE AWAY
IRMOBURGESS
RIGHTS OF THE PERSON WHO REMAINS (DOESN'T MOVE)
CHILD SUPPORT
BASIC CHILD SUPPORT
CHILD SUPPORT GUIDELINE
CS CALCULATION
TERMINATION OF CS
REPRESENTATIVE CASES
PERQUISITES
EARNING CAPACITY
SECTION 4061–GUIDELINE CSADD-ONS
NEW MATE INCOME
TIME SHARE IMPACT ON CHILD SUPPORT
HARDSHIP DEDUCTIONS
REBUTTAL OF GUIDELINE CS
FINANCIAL CONSEQUENCES OF BURGESS
FAMILY SUPPORT
ADULT DISABLED CHILD
SPOUSAL SUPPORT
TEMPORARY SPOUSAL SUPPORT
SANTA CLARA CALCULATION OF TEMPORARY SS
ALAMEDA COUNTY FORMULA
PERMANENT SS(LONG-TERM)
FAMILY CODE SECTION 4322
DURATION OF SS
MODIFICATION
TERMINATION OF SUPPORT
TAX SUPPORT
TAX CONSEQUENCES OF SUPPORT
NEW RULES REGARDING INNOCENT SPOUSES
TAX CLAUSE AND MSA
TIMING THE DISSOLUTION/BASIC FEDERAL FILING STATUSES
MARRIED FILING SEPARATELY (MFS)
WHY EXACT 50/50CUSTODY IS NOT GOOD
HH/MLA
EARNED INCOME CREDIT
KIDDIE TAX
NEW MATE INCOME
TEMPORARY SUPPORT AND FILING STATUS
WITHHOLDING AND EXEMPTIONS
DRTRA:DEDUCTIBLE AND INCLUDABLE PAYMENTS
RECOMPUTATION
DEPENDENCY EXEMPTIONS
DEPENDENT CARE CREDIT (CHILD CARE CREDIT)
EARNED INCOME CREDIT (EIC)
PROPERTY OVERVIEW
PROPERTY
CHARACTERIZATION
SEPARATE PROPERTY DEFINED
SECTION 771
Living separate and apart
Date of Separation
PERSONAL INJURY DAMAGES
CHANGE OF TITLE
IRMO Lucas
Family Code section 2581
Case interpretations
Family Code Section 2640
Application of the 2640 reimbursement
QUASI COMMUNITY PROPERTY (QCP)
TRANSMUTATIONS
TRACING
FIDUCIARY DUTIES
Summary of Fiduciary Duties
Violation of fiduciary duties: Remedies and Penalties
DEBTS
Division binding on creditors?
Debts incurred outside of the benefit of the community
OTHER REIMBURSEMENTS
VALUATION
VALUATION ISSUES
REAL PROPERTY
Moore/Marsden
Deferred sale of home order/Duke order
DEFERRED COMPENSATION
DEFERRED COMPENSATION
QDROS–QUALIFIED DOMESTIC RELATIONS ORDERS
SEVERANCE PAY
DISABILITY PAY
SOCIAL SECURITY
BUSINESS
BUSINESS INTERESTS AND VALUATION
Business Valuation
Valuation methods
Sales proceeds
Comparables
Liquidation value
Book value
Adjusted book value
Going concern value
Capitalized earnings
Date of Valuation
Elements of Business Valuation
Accounts Receivable
Work in Process
Non Competition Clause
RETIREMENT
REVENUE RULING 59-60
CAPITALIZING
SETTLEMENT ISSUES
APPORTIONMENT –PEREIRA AND VAN KAMP
Pereira
Van Kamp
REVERSE APPORTIONMENT
WHO GETS THE BUSINESS?
TAXES: PROPERTY DIVISION
TAXATION ON PROPERTY DIVISION
IRC 1041
Exceptions to IRC 1041 Application
General Summary of 1041
DEDUCTIBILITY OF ATTORNEY'S FEES
PRINCIPAL RESIDENCE GAIN EXCLUSION
PLANNING FOR A 1041
FEES
RELATIONSHIP WITH CLIENT
FLARPL-FAMILY LAW ATTORNEY' S REAL PROPERTY LIEN
FEES BETWEEN CLIENT AND LAWYER
ALLOCATION OF ATTORNEY' S FEES AS BETWEEN SPOUSES –FAMILY CODE SECTION 2030
FAMILY CODE SECTION 271
ATTORNEY' S FEES AND SANCTIONS (FAMILY CODE SECTION 271)
AGREEMENTS
UPAA–UNIFORM PREMARITAL AGREEMENT ACT
IRMO Pendleton and Fireman
IRMO Bonds
Anti Bonds Legislation –Family Code section 1615 (UPAA)
POST-MARITAL AGREEMENTS
NON-MARITAL RELATIONSHIPS
NON MARITAL RELATIONSHIPS
REGISTERED DOMESTIC PARTNERSHIPS
PARENTAGE
PATERNITY
EFFECTIVE PATERNITY ISSUES ON ADOPTION
PATERNITY INDEX CASES
Surrogacy
DOMESTIC VIOLENCE
DOMESTIC VIOLENCE
FCSECTION 3021
Types of relief available
Duration
FEDERAL RULES REGARDING DV
DVACT EFFECT
Possession of firearms
FC section 6389
FEDERAL LAW: THE BRADY BILL
MISCELLANEOUS RULES: GOVERNMENT CODE SECTIONS
6206-6211(SECRET ADDRESSES)
POTENTIAL CONSEQUENCES OF A DVALLEGATION
BANKRUPTCY
BANKRUPTCY
Automatic Stay
What property goes into the BK estate?
Non Dischargeability
PROCEDURE
PROCEDURE
Putative Marriage
Common Law Marriage
Confidential Marriages
Annulment (nullity)
ATROS (AUTOMATIC TEMPORARY RESTRAINING ORDERS)
JOINDER OF PARTIES
JOINDER OF LAWSUITS
JOINDER OF EMPLOYER
CASE MANAGEMENT STATUTES
BIFURCATION
SECTION 664.6ENFORCEMENT
CLOSING/SEALING FILES
CLOSING COURTROOMS
PROVE UP BY AFFIDAVIT
NUNC PRO TUNC
PRIVACY RIGHTS
TORTS BETWEEN SPOUSES (OR EX SPOUSES)
LITIGATION PRIVILEGE
FAMILY LAW FACILITATORS
DISCOVERY
DISCOVERY METHODS
DISCOVERY OF NEW MATE INCOME
TAX RETURN DISCOVERY
TAX RETURNS AFTER A REMARRIAGE
PROTECTIVE ORDERS
EVIDENCE
CHILDREN AS WITNESSES
PRESUMPTION
MEDIATION
ATTORNEY-CLIENT PRIVILEGE
MARITAL PRIVILEGES
SOCIAL WORKER REPORTS
SET ASIDES
SET ASIDES
RECONSIDERATION
CCPSECTION 473
APPEALS
WRITS V.APPEALS
STATEMENT OF DECISION
ENFORCEMENT
LACHES
ACCORD AND SATISFACTION
CONCEALMENT DEFENSE
UIFSA–UNIFORM INTERSTATE ENFORCEMENT OF SUPPORT ACT
PENALTIES AND INTEREST
GENERAL SUMMARY
WAGE ASSIGNMENTS
CSSECURITY DEPOSIT
BANK ACCOUNT DISCLOSURE
LICENSE SUSPENSION STATUTES
PASSPORT REGULATIONS
FEDERAL DEADBEAT PARENT PUNISHMENT ACT
CONTEMPT
ETHICS
PSYCHOLOGICAL AND COUNSELING ASPECTS
KIDS NEEDS
Infants (from birth to age 1)
Detachment patterns
Toddlers and Preschoolers (approximately 2-4 years of age) – mobility to 4 years
School age children (5–9)
Middle Childhood (10-13, might be 8-11 or thereabouts)
Adolescents (middle 12-16 years)(late: 16-18 years)
PARENTAL ALIENATION SYNDROME
OTHER EXAMPLES OF FREQUENTLY SEEN PROBLEMS
POSSIBLE REMEDIES/ROLE OF THE COURT
TRANSFERENCE/COUNTER TRANSFERENCE
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