Santa Barbara Attorney Keeps Abreast of Recent Developments in Family Law
Family law is constantly evolving. It is important to choose an attorney who is aware of impending rulings and legislation that change the rules of practice. Board certified family law lawyer, Glenn L. Robertson stays abreast of the recent changes in family law and modifies his strategies accordingly.
A family law attorney in Santa Barbara and Ventura Counties for over 20 years, Glenn L. Robertson has litigated hundreds of family law matters. He is diligent in keeping up with the latest divorce issues, rulings and legislation so that his clients in Summerland, Carpinteria, Lompoc, Ventura and the surrounding areas receive the best divorce advice possible.
Recent Developments in Family Law
A paternity order issued to an unmarried couple automatically dissolves upon marriage of the couple subject to the order.
In re Marriage of Wilson & Bodine (2012) 207 Cal.App.4th768, 143 Cal.Rptr.3d 803, DJDAR 9397 (July 5, 2012)
An unmarried couple submitted to a voluntary declaration of paternity in which the wife obtained $1600 per month in child support. Several years later, the couple married and after three years separated. The wife tried to claim back child support from the original declaration of paternity through the date of separation. The court held that the marriage extinguished the child support order and that the husband did not owe back child support for the period of marriage.
A party can be sanctioned for abusing the legal system by engaging in reckless and frivolous trial tactics in a family law proceeding.
In re Marriage of Falcone & Fyke [Falcone & Fyke I] 164 Cal.App.4th 814, 79 Cal.Rptr.3d 588
After a husband filed for divorce, the wife, who was unrepresented by counsel, filed numerous appeals and contempt actions against him and generally engaged in obstructive conduct in court. The court ordered the wife to pay $64,500 in sanctions, stating that ‘the judicial system and the taxpayers are damaged by what amounts to a waste of the court’s time and resources.” (Id. at p. 830)
If a parent has excessive business expenses, a court may use “earning capacity” of a parent rather than actual earnings when calculating child support.
In re Marriage of Sorge (2012) 202 Cal.App.4th 626, 134 Cal.Rptr.3d 751 (1/5/2012)
After a divorce, the ex-wife of a wealthy businessman sought a modification of a child support order when she learned the husband had sold his business for $100 million. The husband challenged the modification on the grounds that he had invested millions in a start-up company and had significant losses. The court determined that it could use the high earning capacity of the husband rather than the husband’s actual income in calculating child support. For additional information on child support, see our Family Law FAQ’s.
Recent Changes in Family Law Legislation
CFC §7630 Requires notice of a proceeding to determine the existence or nonexistence of a father and child relationship to be given to relatives and persons having physical custody.
CFC §2104(f) Requires a person petitioning for divorce to serve a financial disclosure on the other party within 60 days of filing the petition.
CFC §3200.5 Establishes criteria for the court to determine whether a professional provider is required in cases where child visitation must be supervised.
CFC §3047 Provides that if a person in the military is deployed or relocated temporarily, any necessary modification of an existing child custody order is deemed a temporary custody order subject to review and reconsideration upon the person’s return.
CFC §4055 The Family Code provides guidelines for calculating court-ordered child support. If an obligor’s net income is less than $1500, there is a rebuttable presumption that the obligor is entitled to a low-income adjustment to child support payments. Effective January 1, 2013, the income threshold was raised from $1000 to $1500.
Contact Attorney Glenn L. Robertson for the most current divorce and child custody advice
Contact Glenn L. Robertson at his Santa Barbara, CA office online or at 833-568-3544 for a free initial consultation. His legal team serves clients in Santa Barbara, Santa Maria, Goleta, and Carpinteria.