California Family Law Blog

The Procedure Task Force and the Judicial Council’s Domestic Violence Practice will sponsor two statewide public hearings this month to obtain feedback on proposed practices and draft guidelines intended to improve the handling of domestic violence allegations by California Courts.

During both hearings, testimony will be heard from different speakers, such as family law attorneys, judges, prosecutors, advocacy, groups, criminal defense attorneys, public defenders, batterer intervention program providers, probation officers, other experts, and the public.

The purpose is to improve usage of Domestic Violence Prevention Act restraining orders, court leadership, entering the orders into California’s database, criminal law procedures, and firearms relinquishment.

Continue reading " Domestic Violence Cases Within The California Court System To Be Evaluated " »

When a couple is filing for divorce, but the divorce decree has not been finalized yet, they can still file a joint tax return. Once the divorce goes through, an ex-spouse can file the return as a head of household, if he or she has paid for over half the maintenance of the house and has a dependent living at their home for over half the year.

When two parents are divorced, only one of them can claim the $3300 dependency exemption for each child on their tax returns for 2006. The parent claiming the dependency exemption is also allowed a $1,000-per-child tax credit for children younger than 17 as long as their income is not above a certain figure.

Usually, it is the person named as the custodial parent in the child custody portion of the divorce decree that is allowed to claim the child as a dependent. If the divorce decree does not name a custodial parent, then the parent with whom the child has lived with the longest throughout the year is the custodial parent.

Continue reading " Dependents, Divorce, and Taxes " »

The husband of Anna Walker, 35, a mother who is accused of having sex with two teenagers and giving beers to several others who were later injured in a car accident, has filed for divorce. Atwater police officer David Walker filed his petition for divorce on January 30, four days after her arrest. He cited irreconcilable differences as the reason and asked for sole custody of their son. In his divorce petition, he said that his wife’s arrest had forced him to temporarily remove their son from school so he won’t have to “suffer the humiliation of his mother’s crime.” Mr. Walker also took time off from work to care for his son. Mr. Walker said that Mrs. Walker’s other two children were also removed from their home by their fathers who live outside California.

Judge Rick Distaso awarded Mr. Walker sole custody of her son. Mr. Walker said that his wife had “medical challenges” but did not provide more details. He requested that he not be required to pay spousal support when their divorce became final.

Ms. Walker has been charged with molestation, unlawful sexual intercourse,12 counts of child endangerment, and furnishing alcohol to minors.

As California is a “no-fault” state, one spouse can file for divorce without the other party having to be at fault. If the other party agrees to the divorce terms, then it is a “no-contest” divorce. If, however, one spouse disputes the divorce terms, then it is a “contested” divorce, and the court will have to become involved in the proceedings.

Continue reading " Husband Of Grayson Woman Accused Of Having Sex With Two Teenagers Files For Divorce Four Days After Her Arrest " »