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Focused on reducing the emotional and financial toll to your family.

Offering divorce and family law options to fit
your needs, and focused on reducing the emotional
and financial toll to your family.

October 2013 Archives

Can I Refuse a Placer County Family Court Commissioner or Family Law Judge?

In some Placer County family law cases, a complaint we hear is that one parent will believe that the assigned family law judge or family law commissioner is not listening to their case.  Sometimes the parent will believe the Placer County family law judge or commissioner is actively biased against them and they will never get a fair outcome no matter how good their facts are. 

Should I take my Placer County Family Law Case to Trial?

Many family law litigants are passionate about winning their case in Placer County family court.  Sometimes this passion is good because it is based upon sound legal reasoning and good factual arguments.  Other times this passion is bad because it is based upon poor legal reasoning and poor factual arguments.  Knowing when to take your Placer County Family Law case to trial is a tremendously difficult decision and should be made with the assistance of legal counsel.

Do Sacramento Family Courts Use Case Law From Other States?

If you are currently involved in a Sacramento county family law case, you may discovered a case from a sister state that you think would help your case in Sacrament court.  However, despite your excitement over an out-of-state case, in general, Sacramento County judges are bound to use and apply California law first.  The primary authority for Sacramento County judges is the California Family Code.  The family code details how the Sacramento court is permitted to rule in divorce, child custody, support, and property division cases. 

Grandparent Visitation in Sacramento County

In Sacramento child custody cases, a thorny issue can arise in situations where the grandparents wish to have visitation with the child but the parent(s) are unsupportive.  California law does have a grandparent visitation statute permitting grandparents to independently petition for visitation with their grandchildren.

Placer County Grandparents Visitation Rights

In Placer County family law, an issue that is gaining more attention is the concept of grandparent visitation rights.  Under traditional California law, the Placer County Child Custody court focuses on allocating custody and visitation between the biological or adoptive parents.  Grandparents do not have the right to demand and receive automatic visitation with the child in California.  Typically, the Placer County child custody court will order grandparent visitation in severe cases where the parents are imprisoned, abusive, or missing.

Domestic Violence in Sacramento Family Law Cases

An unfortunate part of some Sacramento Family Law cases is when one former partner physically, sexually, and/or emotionally abuses their former partner.  California law defines domestic violence very broadly in family code §6200 et seq., but it includes striking, blocking movements, harassment, stalking, breaking objects, sexual assault, among several other things.

How is Placer County Child Support Calculated?

In Placer County, the court calculates a party’s child support obligations utilizing a special mathematical formula mandated by California state law.  This formula is complicated and laid out in painstaking detail in Family Code §4055 and the surrounding codes.

Proving Romantic Cohabitation in Placer County Spousal Support Cases

In Placer County spousal support cases, the spousal support court is required to presume a reduced financial need if the recipient spouse is romantically cohabitating with a member of the opposite sex.  The recipient spouse can overcome this presumption by demonstrating his/her need for support based upon admissible evidence.  However, spouses sometimes have difficulty proving their ex-spouse is romantically cohabitating with another person.

Seek Work Orders and Imputation of Income in Sacramento Support Cases

In Sacramento child support and spousal support cases, both parents must support their children to the best of their financial abilities.  Also, each spouse owes a duty to become fully self-supporting to the best of their abilities.  When one or both spouses is being dilatory in their duties, the other spouse can ask the court to order the dilatory spouse to seek full-time work.  This means the spouse must submit a certain number of job applications per month and send copies to the requesting spouse.  Failure to do so will usually hasten the court’s decision to impute some form of wages to the dilatory spouse.

Obtaining a Sacramento County Vocational Evaluation to Prove Earning Capacity

In Sacramento child support or spousal support cases, it is important to realize that each parent has an obligation to support their child to the best of their ability, and to earn income commensurate with their skills, abilities, and experience.  In a Sacramento County child support or spousal support case, it can be helpful to obtain a vocational evaluation of your spouse, particularly if you believe they are not earning income that matches their skills, abilities and experience. 

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Miller & Associates, Attorneys LLP
Miller & Associates, Attorneys LLP
6542 Lonetree Boulevard
Rocklin, CA 95765

Phone: 916-780-0848 
Fax: 916-780-0787
Miller & Associates, Attorneys LLP
2280 E. Bidwell Street, Suite 204
Folsom, CA 95630

Phone: 916-365-4941 
Fax: 916-780-0787

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