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Los Angeles Divorce Law Blog

Giuliani and wife clash as they begin to divide property

California residents may be aware that former NY Mayor Rudy Giuliani and his wife Judith are moving through a high asset divorce. As they navigate that process, the couple are at odds over how much money Mr. Giuliani is bringing in. According to his 2017 tax returns, he made $9.5 million last year. As the couple negotiate how to divide property, however, Giuliani claims his income has dropped off drastically this year. 

Mr. Giuliani left his position at a thriving law firm to work on behalf of President Trump. He claims that this move has left him with far less income than in previous years, as he is not receiving a salary for his legal services. When asked why he would work for free, Mr. Giuliani points to his 30+-year relationship with Trump. 

Domestic violence restraining order does not always remove guns

California law prohibits persons who are under the constraints of a domestic violence restraining order from having a gun. However, local authorities have experienced that it is not so easy to enforce and track the gun status of an individual under a restraining order. In one California county, a domestic violence study has been accompanied with public meetings to determine the extent of the problem and what can be done for easier enforcement.

The Santa Clara County supervisors also considered in a recent meeting whether a specialized enforcement unit should be formed to enforce gun prohibitions against those with domestic violence restraining orders. In some instances, guns are not taken away at all, either by inadvertence or if there is a change in the status of the restraining order. Where a woman does not prevail in getting a restraining order imposed against the alleged perpetrator, there will be no authority generally to take away firearms.

Avoiding impulsive decisions during child custody disputes

Coming to terms with a custody determination can be challenging, even for parents who part ways amicably. For those who end their relationship with a significant amount of acrimony, adjusting to a child custody change can be even more difficult. It's imperative for California parents to understand, however, that impulsive decisions can have lasting ramifications. 

An example is found in the case of a man who chose to pick up his son from school without permission from the child's mother, at a time outside of his custody schedule. When contacted by the mother, he refused to bring the child back home. That prompted her to contact the authorities. 

Defensive lineman David Irving facing child custody battle

The National Football League has begun its 2018 season, with fans in California and throughout the nation donning their favorite team colors, hosting tailgate parties and making friendly bets on which two teams will ultimately face-off in the Super Bowl. Cowboys fans, however, may have noticed that defensive lineman David Irving has been missing in battle for quite some time. It turns out he has been experiencing serious problems in his personal life, including a contentious child custody battle.  

Irving had been suspended from his team following accusations of domestic violence. The charges were later dropped. Irving again fell victim to apparent deception when the woman admitted she had hacked his Twitter account and posted falsehoods about domestic violence and failed drug tests.  

New bill will assist in child support collection

Taking care of one's children is a top priority for parents. Many California parents will set aside their own desires to make sure that the children have what they need. Unfortunately, there are those parents who do not recognize that children must be given priority and therefore do not step up and take care of their children as required by a child support order. Currently, the state of California has close to $18 billion in past-due child support. This number increases to almost $120 billion throughout the nation as a whole.

Child support is calculated based upon a percentage of the parent's income. Its purpose is to help in taking care of the needs and wants of the child. Each child needs housing, food, clothing, medical care and more. In addition, children often want to participate in other activities that do require some financial outlay. Child support is provided as a means for both parents to be actively involved in meeting these needs.

Theroux says divorce from Aniston was uneventful, even boring

Celebrity breakups are big news, especially when A-listers like Jennifer Aniston are involved. Her divorce from Justin Theroux made front-page news, not only in California papers, but in media all over the world. The thing is, though, their divorce, according to Theroux, was pretty uneventful. He goes so far as to even call it a little boring.

Theroux recently opened up about his split with the "Friends" star, saying they've remained good friends even though they mutually decided to call it quits as a couple. But he also said the split was heartbreaking, even though it was amicable and gentle. Theroux alluded to the fact that actors have move-around lifestyles, flitting from set to set, which is hard on a marriage.

Death, divorce and prenuptial agreements

Prior to walking down the aisle, the typical California couple assumes that the marriage will last "until death do us part." This will be true for approximately half of these marriages. However, for the other half, the marriage will likely end in divorce. In either circumstance, it may be in each individual's best interest to have a prenuptial agreement in place.

In many instances, one or both of the individuals have children from a previous relationship. In order to protect these children and ensure that they receive specific assets, it may be necessary to address this in a prenuptial agreement. Then, if the parent dies or a divorce occurs, there is no question as to what the parent's wishes were in regard to the children.

First steps when divorce is imminent

It's time to take the first step. The marriage is over and it's time to face the reality that a divorce is imminent. When this happens, one of the first steps that the California resident will want to do is discuss the situation with legal counsel.

Prior to this meeting, though, the individual will want to gather important documents that should be reviewed prior to making any decisions. These will include any legal documents pertaining to the individuals or the married couple. This will include any restraining orders, child support orders and any other legal items that may have an impact.

California child support considerations

When children are involved, there are a number of factors which must be determined when the parents decide that they no longer wish to be together. Whether the couple is ending a marriage or simply deciding that they no longer wish to remain a couple, they are each still responsible for providing for their children. This child support is typically addressed in a formal child support order issued by a judge in a California court of law.

The amount of child support that will be ordered is based upon each individual's income and the percentage of time that each individual will be responsible for caring for the child or children. The state of California has specific guidelines regarding this issue. Child custody and visitation are taken into account as a part of this as well.

Child support often misunderstood and misused

When a California family court orders a parent to pay support for his or her children following divorce, the order is not always received with pleasure. Child support payments are often hotly contested, and some studies show that nearly half of those who owe child support default on their payments. However, many parents who are ordered to financially support their children complain that the money they send is not used for the right purpose.

The children of separated parents have the right to a consistent standard of living. Child support payments are meant to improve the chances that the children will not suffer or lack for things they need. Therefore, child support may be used for household expenses that provide the child a healthy and decent lifestyle, such as food, rent or utilities.

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