Reimbursement and Divorce

Did you contribute money that you earned prior to marriage to property that was acquired during marriage? If so you could be entitled to reimbursement. 

Reimbursable separate property contributions to community property are defined in Fam C §2640(a).

If you make downpayments, payments for improvements, and payments that reduce the principal of a loan used to finance the purchase or improvement of the property, you could be entitled to reimbursement at divorce.

Please note that Fam C §2640(a) does not include payments of interest on the loan or payments made for maintenance, insurance, or taxation of the property.

A party who makes such contributions to the community will be reimbursed if the contributions are traced to a separate property source, unless he or she has waived the right to reimbursement in writing or has signed a writing that has the effect of a waiver. Fam C §2640(b). 

If you have a reimbursement issue If you are drafting a premarital agreement and have questions,  you can contact me at Amanda@gordonfamilylaw.com for more information.

New 2017 Family Code Sections

• Family Code Section 70: Date of separation.
• Family Code Section 143: “Spouse” includes ‘registered domestic partner”.
• Family Code Section 215: Service of new (post-judgment) request for order.
• Family Code Section 302: Consent to marriage.
• Family Code Section 304: Premarital counselling.
• Family Code Section 306.5: Marital name.
• Family Code Section 308: Marriage out of state.
• Family Code Section 360: Duplicate marriage license.
• Family Code Section 400: Solemnization of marriage.
• Family Code Section 420: Form of ceremony of marriage.
• Family Code Section 500: Confidential marriage.
• Family Code Section 2103: Waiver of preliminary declaration of disclosure.
• Family Code Section 7613: Assisted reproduction.
• Family Code Section 8712: No adoption by convict of violent felonies.
• Family Code Section 9001: Step parent adoption.

Ex Parte in San Francisco County

If you are filing an ex - parte request in San Francisco County Family Court you will need to follow this procedure:

1.  Contact the Clerk in 402 requesting a hearing date.  (Ex Parte's are held at 1:30) 

2.  Notice the opposing party prior to 10:00 am the day before the Ex Parte is held with your intent to file the Ex Parte.  Notice can be provided via the following: phone, voicemail, fax. 

3.  File the Ex Parte request: FL 300, FL 303, FL 305 before 1:00 pm the day before the Ex Parte is held.

4. Provide copies of your filed Ex Parte to opposing counsel.

5.  You must physically appear in person at the Court for your ex parte hearing. 

You can contact me at Amanda@gordonfamilylaw.com for more information.

Name Change After Divorce

If you have forgotten to change your name in your divorce paperwork, don't worry, you can still change your name through the family court process. Follow these steps:

1. Contact the court clerk in the county where the case was filed.  
2. Give the court clerk the case number, case name (names of the parties), and the date of the order/judgment/filing, if possible. Include a copy of your Notice of Entry of Judgment (Family Law — Uniform Parentage — Custody and Support)  
3. Complete an Ex Parte Application for Restoration of Former Name After Entry of Judgment and Order (Family Law) (Form FL-395). Include a self-addressed, stamped, return envelope.

Usually the court will be able to process your paperwork within 2 to 4 weeks. Ask the clerk at your local court for an estimate of how long it will take. 

You can contact me at Amanda@gordonfamilylaw.com for more information.

Can I get an expedited hearing for child support?

It is unlikely that you will be able to shorten the time between filing your request and a hearing for child support. This is because California family courts rarely issue ex parte orders for child support. 

However, a party may file an application for an expedited support order under Family Code 3623. This is because In any child support action that has been filed and served, the court may issue an ex parte, expedited support order requiring either or both parents to pay support for their minor children during the pendency of the action.

If you are served with an order for expedited support, your response must state your objections to the proposed expedited support order. Fam C §3625(b). 

The response and income and expense declaration must be served on the applicant by any method by which a response to a notice of motion may be served. Fam C §3625(a). 

Next, the payor parent must have the clerk set the matter for hearing not less than 20 nor more than 30 days after the response is filed (Fam C §3626), and must give notice of the hearing to the other parties or their attorneys by first-class mail at least 15 days before the hearing (Fam C §3627). 

If this notice is not given, the expedited support order becomes effective at the end of the 30-day period, subject to the relief available to the responding party under CCP §473 or any other available relief in law or equity. Fam C §3628

In an order for expedited support, the support order will automatically becomes effective after 30 days unless the served party files a response.  If you are considering filing for a modification of child support, you can contact me at Amanda@gordonfamilylaw.com for more information.