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Prenuptial Agreements

Family Law

Child Custody

Divorce

Alimony & Child Support

Property Division

QDROs

Traveling abroad with minor children after divorce.

If a child (under the age of 18) is traveling with only one parent or someone who is not a parent or legal guardian, what paperwork should the adult have to indicate permission or legal authority to have that child in their care? Due to the increasing incidents of child abductions in disputed custody cases and as possible victims of child pornography, Customs and Border Protection (CBP) strongly recommends that unless the child is accompanied by both parents, the adult have a note from the child's other parent (or, in the case of a child traveling with grandparents, uncles or aunts, sisters or brothers, friends, or in groups*, a note signed by both parents) stating "I acknowledge that my wif

Relocating after divorce?

You can have your judgment filed in one State or County and then registered in another. When you register an out-of-state or out-of-county case where you live, you will be assigned a local case number. Depending on what you may be trying to modify, once registered, you can seek court orders in the court where you registered your out-of-state (or county) case. However, if you are seeking to modify a child custody order, you will need to have the case’s venue changed to the court in the State and in the County where the minor child(ren) live.

We both filed for divorce. Whose case controls?

Who got served first? The lead case will be the one in which parties were served first; not the one that was filed first. If two actions are pending in different courts of the same state, on proper motion, abatement in favor of the court whose jurisdiction was first perfected by service of process is mandatory. California Rule of Court 5.63. Regardless of when each action was filed, the first person to get served is the case that controls. The first court to assume jurisdiction has exclusive and continuing jurisdiction over the subject matter, i.e. dissolution of marriage. If you were served with a petition for dissolution after you served your own petition, your remedies include a plea i

Sharing legal custody when you disagree about whether to immunize your children

A client recently asked what she should do now that her ex and she share legal custody, but ex is against immunizations. Either parent can file a motion (Request for Order) to have a legal custody order modified so that it is specific to certain decisions. Thus Legal Custody can be limited in that the decision regarding immunizations, is granted to only one parent. That parent has the sole legal right to make decisions whether to immunize and which immunizations to accept and which to decline. The Court can and should allocate that aspect of legal custody decision making authority to one parent per Family Code §3083. The court will, or should consider the quality of each parent’s approach

Do I need a lawyer? Why can't I file for divorce on my own?

You can. But …. The advantage to hiring a lawyer is that divorce is not as easy as people seem to think. I often get cases from people who try to go it on their own and then screwed up something major. Having a lawyer prepare your documents and appear in court with you ensures that things will get done right the first time, a lawyer will protect your rights, ensure that your assets are divided fairly and legally

Who claims the children as dependents on their tax return after divorce?

In the absence of any specific agreement, the primary custodial parent, (or the parent with greater than 50% custodial time with the children), is entitled to claim the exemptions. (IRS Code § 52(e)). If a parent is behind in child support, that parent cannot take the exemption for the year in which he failed to pay support.

Who needs a prenuptial agreement?

Prenuptial Agreements are not just about what happens in the event of a divorce, but instead can provide a financial plan for the relationship and its future. There are many different types of prenups. Some do away with community property entirely and replace it with another plan. Prenuptial agreements allow spouses to “opt out” of most or all community property rights prescribed under the law. Other agreements confirm what the parties have coming into the marriage and allow for sharing of income earned during marriage. A prenuptial agreement can provide a financial plan for the marriage and help avoid financial dipsutes and struggles which are often cited as the number one reason couples

There is more to divide than real property.

There’s more to divide than just real property: A Summary Checklist 1. Real Property b. Recreational Properties (Vacation Home, Condominium) c. Rental Properties d. Commercial Properties e. Leased Property f. Security Deposit g. Future Interests (Remainders) h. Oil, Gas, and Mineral Interests 2. Transportation Automobiles a. Trucks and Vans b. Motorcycles c. Boats d. Airplanes 3. Businesses/Investments a. Self-Operated or Family Business (including a professional practice) b. Investment Stock c. Stock Options d. Mutual Funds e. Bonds f. Degrees and Licenses 4. Bank Accounts a. Checking Accounts b. Savings Accounts c. Money Market Accounts d. Certificates of Deposit e. S

Social Media Clauses in Prenuptial Agreements - a new trend

More and more of us are living our lives online and as a result couples are adding what’s called a ‘social media clause’ to their prenuptial agreements. Each party can agree not to post, tweet, or share anything that has to do with social media including, but not necessarily limited to nude photos, embarrassing or negative posts, or photos of the kids.

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Prenuptial Agreements

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QDROs

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Law Offices of Tobie B. Waxman is located in Culver City, California, and serves clients throughout the world as well as from neighboring Los Angeles communities such as Santa Monica, Malibu, Marina Del Rey, Manhattan Beach, Ladera Heights, Beverlywood, Mar Vista, Venice, Brentwood, Playa Vista, Westchester, West Los Angeles and Torrance. Licensed to practice in all California courts, appearing most frequently in the courts of Southern California, including Los Angeles County, Orange County, Ventura County, and in the Courts of Appeal.