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San Francisco Family Law Blog

Charlie Sheen in CA court seeking placement of kids with ex-wife

On behalf of Lerner • Poole, LLP posted in Family Law on Tuesday, May 14, 2013.

Although the relationship with the children is always important, it is the best interests of the child that must always be served in child custody determinations.

In what might seem like a strange twist, Charlie Sheen was in a California court recently with one ex-wife, Denise Richards, to have custody of the two children Sheen shares with his other ex-wife, Brooke Mueller, granted to Richards. Illustrating that it is the child's best interest that governs child custody decisions, Richards will keep Sheen and Mueller's twin girls for now. The children were recently removed from Mueller's care when her home was declared unsafe due to her drug use. Richards then took temporary custody of the children. Although lawyers could not comment on the case, it was reported that Richards was given costody for now as Mueller has entered a drug treatment center for presciption drug abuse. Sheen and Mueller's twins currently live with Richards and the two daughters she shares with Sheen.

CA court hears divorce settlement modification request

On behalf of Lerner • Poole, LLP posted in Divorce on Wednesday, May 8, 2013.

Post-divorce modifications can sometimes re-open old divorce dispute issues the couple hoped were resolved.

A California court recently heard closing arguments in a divorce dispute involving the former owners of the Los Angeles Dodgers baseball team. The ex-wife of the former Dodgers owner, who was a co-owner herself, now says that her divorce settelment was not enough. Last year, the former co-owner and ex-wife agreed to split residential real estate with her ex-husband, a tax indemnity and receive $131 million. She now says that at the time she believed she was receiving half of the marital assets, however, two weeks later the Dodgers sold for $2.15 billion which is the highest amount ever received for a professional sports team. He lawyers are arguing she was shorted in the settlement $770 million. She is accusing her ex-husband of fraud, failure to make required disclosures, perjury, undue influence and breach of fiduciary duty and that he misrepresented the value of the Dodgers during the divorce proceedings. Her ex-husband and his lawyers are claiming she did not perform her due diligence.

Proposed law could strengthen child support enforcement in CA

On behalf of Lerner • Poole, LLP posted in Child Support on Thursday, May 2, 2013.

Non-paying parents face many penalties for failure to pay child support and parents who receive child support, likewise, have options available to them for child support enforcement.

The Strengthen and Vitalize Enforcement of Child Support (SAVE Child Support) Act was recently introduced in the Senate and could benefit all states, including California. The bill is designed to ensure that parents who owe child support pay what they owe, according to senators. Its intention is to prevent non-custodial parents from escaping child support obligations owing in one state, while living in another state, by helping to enforce interstate support orders. The bill is designed to strengthen existing child support enforcement laws by providing more tools to enforce interstate child support orders and to create more uniformity among current child support enforcement procedures, among its other goals.

With prenuptial agreement in place, CA divorce may finally end

On behalf of Lerner • Poole, LLP posted in Prenuptial Agreements on Wednesday, April 24, 2013.

Prenuptial agreements can protect rights of parties entering a marriage and serve many functions.

NBA player Kris Humphries and Kim Kardashian's California divorce dispute may be headed for a settlement. A so-called ironclad prenuptial agreement has been cited as one of the reasons Humphries, who wants an annulment instead of the divorce Kardashian is seeking, may now be willing to settle. A settlement conference has been scheduled in the near future by the judge.

Actor Brendan Fraser seeks change from original divorce agreement

On behalf of Lerner • Poole, LLP posted in Child Support on Thursday, April 18, 2013.

In this changing economy, many parents may find themselves in need of changes to an original divorce agreement.

Brendan Fraser who starred in the movie The Mummy has spent time recovering in Southern California from a serious back injury and, as a result of the injury, is seeking to lower his alimony payments. He is not, however, seeking to lower his child support payments. According to the divorce settlement, Fraser can lower the $900,000 a year in alimony payments he is currently paying. The agreement allows him to reduce the alimony payments if his income falls below a certain amount. He also currently pays $300,000 a year in child support. Following back surgery and his rehabilitation in Southern California, the actor was told that he should no longer perform his own stunts in movies which may reduce his earning potential.

No alimony for party who has engaged in domestic abuse

On behalf of Lerner • Poole, LLP posted in Family Law on Wednesday, April 10, 2013.

Alimony, or spousal support, is one of the many important family legal issues to be considered when a marriage is ending.

A Bay Area case recently sent the message that a party who has engaged in spousal abuse should not expect to receive alimony in a divorce. Alimony, or spousal support, is a common family law legal issue. A California appeals court recently explained that a victim of abuse should not be forced to reward the abuser. If the abuse was a felony and took place within five years preceding the divorce, then no alimony award will be granted in favor of the abuser. In the case at hand, the court ordered child support but no spousal support because the wife had two convictions for domestic abuse, including one no-contest plea to a misdemeanor charge within five years of the divorce period. The question the court had to answer was whether or not a no-contest plea would count against a party pursuing spousal support. The court found that it did and denied the woman spousal support.

Actor Quaid's divorce to go through even as couple may reconcile

On behalf of Lerner • Poole, LLP posted in Divorce on Friday, April 5, 2013.

While divorce is an unpleasant event in the lives of many people, being prepared for what to expect in the process can help.

Although their California divorce will likely still go through, it seems that actor Dennis Quaid and his soon-to-be ex-wife of eight years have reconciled. Reportedly, the papers for the largely uncontested divorce are currently in the possession of the judge in the case which makes it likely the couple, now back together, will be legally divorced. Quaid purchased a $3 million home for his wife and their two children to live in following the divorce and had agreed to the requested spousal support. It did seem that a dispute over primary custody of the two children was likely. Quaid filed for divorce in the fall after waiting to fulfill the 6-month residency requirement in California to file; the couple moved to California last summer.

Jacksons want paternity of kids left out of wrongful death suit

On behalf of Lerner • Poole, LLP posted in Family Law on Wednesday, March 27, 2013.

Paternity issues can be complicated and complex.

Michael Jackson's three children and their mother recently made a motion asking the court to exclude evidence related to their paternity in the wrongful death lawsuit recently filed in California in the singer's death. Paternity can be a complicated family law issue. There has long been speculation about the paternity of Jackson's three children and rumors that he was not the biological father of the three, despite his claims that he did not use a sperm donor. There has been some secrecy and much discussion surrounding the paternity and births of Jackson's three children. There have also been outside claims of paternity from a doctor and bodyguard Jackson knew. The judge in the case has not yet ruled on the motion.

Bay Area politician reconciles amidst child custody & other issues

On behalf of Lerner • Poole, LLP posted in Child Custody on Tuesday, March 19, 2013.

Because emotions can run high in child custody and divorce situations, it is important to keep the best interests of the child in mind.

Two California politicians, one a former supervisor in neighboring Alameda County across the Bay, say they are no longer divorcing. Nadia Lockyer and State Treasurer, Bill Lockyer, have also faced child custody issues in the wake of Mrs. Lockyer's extramarital affair, drug arrest and drug treatment program. Mr. Lockyer was seeking joint custody of the couple's 9-year old son. Mrs. Lockyer recently completed a 180-day drug treatment program, following an Orange County arrest for drug violations and child endangerment after being found with methamphetamine at a house she was staying in with her son. She also previously crashed her car into a light pole the day her husband told her he was filing for divorce. Following a recent hearing in her criminal case, the judge decided that she can see her son under the supervision of her husband, the boy's aunt or another adult designated by either the father or aunt. The boy has been staying with his father during this period.

Judge awaits outcome of CA cases to decide on same-sex adoption

On behalf of Lerner • Poole, LLP posted in Family Law on Tuesday, March 12, 2013.

Adoption is among one of the many important issues addressed by family law.

The judge hearing a same-sex adoption case in another state recently cited other cases involving California's gay marriage ban and the federal Defense of Marriage Act which may interest San Francisco area residents. The family law case has been brought by two gay women seeking to jointly adopt their three children. The cases cited by the judge are being heard by the Supreme Court. The immediate case has been delayed pending the outcome of the two California cases and the Supreme Court's decision. The judge has stayed her decision, hoping that the outcomes of the two Supreme Court cases will provide her with some guidance and direction. Currently, only one member of a same-sex couple can legally adopt a child under the laws of the state where the two women reside.