Lying on Income and Expense Declaration Forms – Why is it Done and How do You Prove it?

Income and Expense Declaration California

An income and expense declaration is a mandatory and often used form in California divorce or paternity cases. But how do spouses or parents lie on the form, hide information and what can be done about it?

Lying on income and expense declaration forms in a divorce, child support or spousal support case is one of the dumbest things a spouse or parent can do. Those who do it and do so willfully seem to believe that they will get away with it. This assumption generally comes from one or some of the following:

  • The other spouse or parent won’t have time or money to dig into the truth,
  • The judge won’t care because everybody lies in their income and expense declaration,
  • Even if the judge finds out, the punishment for lying on the income and expense declaration will be little to nothing,
  • The risk versus reward is worth lying.

Sometimes, those that lie on the income and expense declaration do get away with it. Sometimes, injustice is done as a result. Whether or not it is too late to do something about it in your specific case is not what this article is intended to answer. That answer can only come after consulting with an experienced family law attorney. Such issues usually need a thorough review of the file to find out what happened in your case and why it happened. Retaining an attorney to do that is well worth it.

This article will discuss (a) the different types of deception we have seen on an income and expense declaration and (b) some helpful tips to combat it.

Before we begin, let’s briefly talk about what an income and expense declaration form (Judicial Council Form FL-150) is and its significance. [Read more...]

Family Code 218 Overrules Marriage of Boblitt Decision and Allows Post Judgment Discovery

Family Code 218 and Boblitt Decision

Family Code 218 will become law on January 1, 2015 and will overrule the Boblitt decision. But did the California legislature overcomplicate this law?

Family Code 218 is not law yet. It will become law on January 1, 2015. What is it? Simply put, Family Code 218 is intended to overrule a decision called Marriage of Boblitt, which was decided in February of 2014 by the California Court of Appeal in Sacramento.

Leave it to those Northern California types to come up with this decision, right?

First, let’s look at some important background information to understand how we got here.

[Read more...]

California Family Law Vexatious Litigant Motions Stop the Harassment

Vexatious Litigant Motions California Family Law

Vexatious litigant motions in California family law cases can be a savior against an uncontrollable ex spouse or parent who keeps taking you back to court on frivolous requests. Learn more about them in this article.

California family law cases can be stressful. But when you have an ex-spouse or parent who is a vexatious litigant, that stress can go to another level.

Tell me if this sounds familiar? He or she keeps filing frivolous requests with the family court, causing hearing dates and you win at every one. But the person won’t stop. This process has caused you stress, money and you have had enough of it. Perhaps the family law judge has even hit him with attorney fees, which he hasn’t paid, and that hasn’t stopped this madness either.

What can you do? Just keep tolerating this and going back to court? Keep spending money on attorney fees to oppose the requests? Give in to his or her demands? Doesn’t California family law give some relief to victims in your situation?

Good news. California law’s vexatious litigant statutes give you rights to put a stop to it. You can keep your ex spouse or the other parent from ever coming back to court until what they intend to file is pre approved by the presiding judge. Sometimes, you can even require they pay money up front that will go to you if they lose. Sound interesting? Keep reading to learn more. [Read more...]

Parental Conflict After Divorce and an Interview with Dr. Max Wachtel.

Parental Conflict After Divorce and Coparnting

Parental conflict during and after divorce doesn’t have to be an end to co-parenting and effective communication. Learn how to manage conflict and use it to evolve.

There is so much emphasis placed on the goal of “no conflict” parenting today. But is the elimination of parental conflict after separation or divorce realistic? Especially after a father and mother have gone through a bitter separation or divorce?

In this article, we will discuss where parental conflict starts, how decisions today make a big impact on future conflict, how to use parental conflict to become a better parent and co-parent and we will chat with Dr. Max Wachtel about tips to reduce conflict.

While we have written about parallel parenting and how it is an effective means to bypass co-parenting when the latter is just not realistic, let’s not forget that co-parenting is a learned trait. A parent doesn’t just get good at it overnight or even in a matter of weeks or months.

Like anything else in life, it takes hard work and if a parent like you is not prone to effective communication, then start reading, learning and practicing it. Moms and dads, it’s not just about you. You are doing this for your children. Parental conflict by you or the other parent after divorce doesn’t have to haunt you or plague your kids. [Read more...]