California Criminal Defense & Family Law Blog
Monthly Archives: November 2009
Can I Lower My Child Support Payments If I Have Agreed To Pay More Than I Should?
November 25, 2009
Yes, You Can Change The Amount Of Your Child Support Payments Fathers and mothers in a child support case can agree, or stipulate, to a certain amount of child support payments, or they can have the court determine the amount … Continue reading
Posted in Child Support, Divorce, Family Law Tagged amount, change, Child Custody, Child Support, Divorce, Family Law, modify, payments Leave a comment
Why It’s Important To Hire a Good Lawyer For Your Family Law Case: You Might Have To Pay Your Ex-Spouse’s Attorney’s Based On Your Lawyer’s Incompetence
November 25, 2009
Why Your Lawyer’s Incompetence Can Really Cost You: In an divorce case, a court can order that a party (husband or wife), rather than the party’s lawyer, pay certain lawyer’s fees incurred by his/her former spouse. A judge can do … Continue reading
Posted in Divorce, Family Law Tagged Attorney's Fees, competent counsel, Divorce, lawyers fees, proper representation Leave a comment
What if police officers have indiscriminately enforced the law against me?
November 22, 2009
Is There Anything I Can Do When The Law Has Indiscriminately Enforced Against Me? A court cannot preclude from the discovery process evidence of discriminatory enforcement of the law against defendants and can be a valid defense in state and … Continue reading
Posted in Criminal Defense, Felony, Misdemeanor Tagged constitutional, Criminal Defense, criminal procedure, discovery, murguia defense, rights Leave a comment
In a child custody case, what if the other person has committed domestic violence against me?
November 21, 2009
A Domestic Violence Conviction Will Greatly Affect The Outcome Of A Child Custody Case California Family Code section 3044 states that a parent who has committed acts of domestic violence towards the other parent and is seeking custody of the … Continue reading
Posted in Child Custody, Family Law, Restraining Orders Tagged Child Custody, domestic violence, family code, notice, restraining order Leave a comment
If I’m convicted of a drug charge, will that affect my immigration status?
November 20, 2009
Controlled substance convictions may affect immigration status In Bermudez v. Holder, a court recently ruled that possessing “a pipe and/or packets” that are used with the drug methamphetamine is a violation of the state law “relating to a controlled substance.” … Continue reading
Posted in Criminal Defense, Drug Charges, Marijuana Charges Tagged controlled substance, conviction, Drug Charges, green card, immigration consequences Leave a comment
If I never married my boyfriend or girlfriend but we lived together, can I still get support from them?
November 18, 2009
People in a nonmarital relationship have rights upon a separation In the case Marvin v. Marvin, a woman brought an action against a man with whom she had lived for approximately six years, but was never married to, in which … Continue reading
Posted in Divorce, Family Law, Spousal Support Tagged Community Property, Divorce, Family Law, Spousal Support Leave a comment
Police must know of parole search condition before conducting a search
November 15, 2009
When can the police conduct a search? Searches conducted by police officers are lawful if the police have a legitimate reason to conduct the search. To determine if a search is lawful, a court will base its decision on circumstances … Continue reading
Posted in Criminal Defense, parole, Warrantless Searches Tagged parole, probation, search Leave a comment
In a custody matter, can a spouse/parent move along with the children after a divorce?
November 12, 2009
Move-Away Cases First, there are two types of child custody under California’s Family Code. “Legal custody” refers to the right and responsibility to make decisions relating to health, education, and welfare of the child. “Physical custody” refers to with which … Continue reading
Posted in Child Custody, Child Support, Divorce Tagged Child Custody, Divorce, legal custody, move away order, physical custody, separation, sole custody Leave a comment
What if I can’t afford attorney’s fees? Can the court make my ex-spouse pay for my attorney’s fees?
November 10, 2009
The Court Can Make An Order Forcing Your Ex-Spouse To Pay For Your Legal Fees The trial court’s order for a husband to pay spousal support, child support, and his wife’s legal expenses in the case of In re the … Continue reading
Posted in Child Support, Community Property, Divorce, Family Law, Spousal Support Tagged Ability to Pay, Attorney's Fees, Child Custody, Child Support, Divorce, Spousal Support Leave a comment
Can one attorney represent both parties in a divorce?
November 9, 2009
An Attorney May Represent Both Parties in a Divorce Case An attorney is allowed to represent both a husband and a wife in a marriage divorce proceeding under certain circumstances. Each spouse needs to consent to a dual representation after … Continue reading
Posted in Child Support, Community Property, Divorce, Spousal Support Tagged Child Custody, Community Property, Divorce, Petition for Dissolution, Spousal Support Leave a comment
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