California Family Law Attorney
Recent Posts
Archives
225 South Civic Drive Suite 1-3 Palm Springs, CA 92262

Recent Posts in Set Aside Motions Category

Timing Basics for Appealing Family Court Judgments and Orders: Part III

An Overview of Basic Appellate Concepts Relating to Divorce and Family Law Cases - Part 3 As discussed in Part 2 of this appeal mini-series, there are two basic types of appeals from divorce court and ...
Continue reading "Timing Basics for Appealing Family Court Judgments and Orders: Part III" »

Second Opinion Divorce and Family Law Consults Offered in January, 2017 At An Experimental Fixed Rate!

Want a California Divorce or Family Law Second Opinion On Your Pending or Soon to Be Filed Case from Expert and Experienced Family Law Attorneys? ~ Please Don't Blow Yourself Up ~ I've decided ...
Continue reading "Second Opinion Divorce and Family Law Consults Offered in January, 2017 At An Experimental Fixed Rate!" »

A REVIEW of the Top California Marriage Based FIDUCIARY DUTY STATUTES

What Are the Key California Fiduciary Duty Statutes, and How Are They Applied ? Part I - Introduction to Fiduciary Duties Given the large number of reversals of fiduciary duty claims at the trial ...
Continue reading "A REVIEW of the Top California Marriage Based FIDUCIARY DUTY STATUTES" »

Marriage of Georgiou: The Time To File Fiduciary Duty Set Aside Motions Is Limited!

Marriage of Georgiou and Leslie: If Your Attorney(s) Fails to Ask the Right Questions, and You Have Some Information About the Nature of a Potential Community Property Asset, You Had Better Act Fast! ...
Continue reading "Marriage of Georgiou: The Time To File Fiduciary Duty Set Aside Motions Is Limited!" »

New Requirement for MEET AND CONFER Before RFO Hearings!

Parties to Family Law and Divorce Litigation Are Now Required to "Meet and Confer" Before Hearings In the never ending struggle to force family law litigants to stop the bickering and ...
Continue reading "New Requirement for MEET AND CONFER Before RFO Hearings!" »

WEBCAM Divorce and (SECOND OPINION) Family Law Consults!

Second Opinion Family Law Consults You have found this website because you have questions about a system of rules that is alien and certain to dramatically change the landscape of your life, ...
Continue reading "WEBCAM Divorce and (SECOND OPINION) Family Law Consults!" »

I Am UNHAPPY With The FAMILY COURT'S RULING. What Can I Do?

TIPS FOR CHALLENGING TRIAL COURT RULINGS: AN OVERVIEW OF NON-APPEAL MECHANISMS, AND THEIR GROUNDS AND PROCEDURES So you have been given a decision in your case and you don't like all or part of ...
Continue reading "I Am UNHAPPY With The FAMILY COURT'S RULING. What Can I Do?" »

How Can I SET ASIDE a SUPPORT ORDER?

Q. A child support order was entered against me without my knowledge, approximately 8 months ago, when my ex-girlfriend filed a motion but never served me with it? It is more than I should have been ...
Continue reading "How Can I SET ASIDE a SUPPORT ORDER?" »

Wife Bears Own ATTORNEY FEES In Failed SET ASIDE MOTION Involving MSA

Attorney Fees in Set Aside Motions Marriage of Guilardi (11/7/11) 200 Cal.App.4th 770 The Sixth District Appellate Court (including Santa Clara County) has upheld a trial court denial of recovery for ...
Continue reading "Wife Bears Own ATTORNEY FEES In Failed SET ASIDE MOTION Involving MSA" »

SANCTIONS For Failure to Complete the FINAL DECLARATION OF DISCLOSURE

The Preliminary Declaration of Disclosure I've recently blogged the importance of complying with Family Code section 2103 and section 2104, which obligate both parties to a pending dissolution, ...
Continue reading "SANCTIONS For Failure to Complete the FINAL DECLARATION OF DISCLOSURE" »

2011 REVISIONS to the California Family Code: Serving POST-JUDGMENT OSC's and MOTIONS

Effective January 1, 2011, you may serve post-judgment motions to modify custody, visitation, or child support orders by regular mail and file with the Court a declaration of mailing. This is revised ...
Continue reading "2011 REVISIONS to the California Family Code: Serving POST-JUDGMENT OSC's and MOTIONS" »

The TIME PERIODS for FILING SET ASIDE MOTIONS DEPENDS....

Q. Just thought you might want to point out that there is a different code section about setting aside judgments (2122) as opposed to orders (3691). It's important because the statute of ...
Continue reading "The TIME PERIODS for FILING SET ASIDE MOTIONS DEPENDS...." »

Is It Possible to Get My Ex's TAX RETURNS Without Any MOTION to MODIFY Pending Between Us?

Q. We were divorced three years ago and I haven't taken my ex-husband back to Court. I think he is earning a lot more now. Is there anything I can do to find out what his situation is short of ...
Continue reading "Is It Possible to Get My Ex's TAX RETURNS Without Any MOTION to MODIFY Pending Between Us?" »

Am I Entitled to Obtain DISCOVERY If I File a SET ASIDE MOTION Before the Matter is Decided?

Q. Hello Mr. Arnold, I appreciate your website, it is very useful. I really hope you can let me know if I am allowed to serve Form Interrogatories on my ex after I file a FL-360 Application to set ...
Continue reading "Am I Entitled to Obtain DISCOVERY If I File a SET ASIDE MOTION Before the Matter is Decided?" »

What do I do if my spouse or domestic partner does not complete their DECLARATION OF DISCLOSURE?

Q. What do I do if the other party to a divorce or dissolution of domestic partnership proceeding refuses to file their Preliminary Declaration of Disclosure? A. Declarations of Disclosure must be ...
Continue reading "What do I do if my spouse or domestic partner does not complete their DECLARATION OF DISCLOSURE?" »

Is there any way to request that the Judge RECONSIDER her rulings in my case?

Q. I was in Court and the Judge ordered me to pay an amount in support that I can afford. The Judge averaged my earnings over the past 12 months, and then entered that information into the ...
Continue reading "Is there any way to request that the Judge RECONSIDER her rulings in my case?" »

How Do I Defend a Request by My (Former) Spouse to SET ASIDE our Support Orders?

Q. My former spouse claims that I lied on my Income and Expense Declaration and has filed a motion to set aside that order, seeking more money. How do I oppose this? A. This type of support ...
Continue reading "How Do I Defend a Request by My (Former) Spouse to SET ASIDE our Support Orders?" »

What Are My Rights When I Believe My Spouse Committed Fraud in Their Income & Expense Statement?

Q. What remedies do you have if you believe your spouse concealed income or lied about assets in their Income and Expense Declaration [Form FL-150]? What If He Lied to You and the Court In His Income ...
Continue reading "What Are My Rights When I Believe My Spouse Committed Fraud in Their Income & Expense Statement?" »

What are interspousal FIDUCIARY DUTIES?

Q. I keep hearing the phrase "interspousal fiduciary duties". What does it mean? A. Few areas of California divorce and family law is changing as rapidly, or is having as great an impact ...
Continue reading "What are interspousal FIDUCIARY DUTIES?" »