Richard Helzberg Law Blog

The Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) has been adopted by 49 states (I didn't research which state passed on it, but California had it). Guidelines were established by Commissioners in 1968 towards developing model legislation to enbale states to deter interstate parental kidnapping and promote uniform jurisdiction in interstate custody - the UCCJA.  Before that state courts regularly excercised... Read More

Each party’s income is an essential factor in determining both child support and spousal support. In California in a divorce, there are mandatory disclosures as to both income and expenses and assets and debts. Family Code § 2100 sets out both the requirement and the rationale for it - to preserve and protect assets, to ensure fair orders of child and... Read More

In a divorce/legal separation in California, the community property of the parties (also known as the "community estate" ) is equally divided. Family Code § 2550. The valuation date for assets and liabilities is, generally, as of the date of trial - but there are exceptions and an opportunity for a party to request an alternate valuation date. Family Code § 2552. There are exceptions where the parties agree otherwise.... Read More

Ten years ago the U.S. Department of Justice issued a thoroughly researched Juvenile Justice Bulletin* which outlined the early identification of risk factors for parental abductions. By identifying the risk factors there is the opportunity to determine whether a parent is one who would abduct a child and if so, to help protect the child from harm and prevent the abduction.

In California, Family Code § 3048 affords a parent... Read More

Child Custody Issues:

One of the most painful occurrences for a parent is when the child rejects him or her after the parents’ relationship has failed. What is critical in these circumstances is to attempt to identify and understand why a child refuses to spend time with a parent or even rejects a parent. Given that likely the environment when this occurs also involves a breakdown of trust between the parents, finding that... Read More

Naturally, anyone with a spousal support obligation wants to know the duration- just how long do I have to pay spousal support? Spousal support paid during the divorce process is temporary spousal support; at judgment it is termed permanent spousal support. Let’s begin with the purpose of temporary spousal support as defined by the highly-regarded Court of Appeal bench officer, Justice King (ret.), in Marriage of Burlini (1983) 143... Read More

A Marital Settlement Agreement ("MSA") in a divorce is a binding contract between you and your spouse resolving the outstanding issues in your case and, when attached to the judgment, is incorporated into the judgment.

However: a lot has to happen before there can be an MSA. Preliminary disclosure is required- two different documents: (1) an income and expense declaration, which is your statement under oath as to how much you earn... Read More

On January 1, 1981, custody mediation became mandatory in California, and the current legislation sets as its purpose to reduce acrimony and develop an agreement assuring the child of "close and continuing" contact with both parents that is in the best interest of the child.

That does not eliminate the ability of parents to work out custody and parenting plans in private mediation or through attorneys, but if either party files a... Read More

Effective July 1, 1992, California child support determination has been based on the Statewide Uniform Guideline.  How does it work?  I think the best critique was by the highly respected Court of Appeal Justice Donald B. King (ret.), who wrote : "There is no way the parties can understand how the court determined the amount ordered.  This is particuarly true as to parties in child... Read More

This article was published in California Lawyer, a magazine that is sent monthly to all members of the California Bar who do not decline it.

http://www.callawyer.com/story.cfm?eid=9 16116&evid=1

My practice is in family law, with a particular focus on custody and visitation issues, interstate and international... Read More