Gordon Family Law believes that an informed client can make better choices, both financially and emotionally. You can see a complete list of every answered question at our Article Hub. If you have a question not answered, please email amanda@gordonfamilylaw.com. This Blog is not intended to be used as legal advice, please note that case law and statutes change over time and information on this website may not be current. While we hope you find this information helpful, it may not necessarily apply to your situation and we recommend that you speak to a family lawyer about your specific case.
Is sick leave considered community property?
/Many clients are surprised to learn what constitutes community property in a divorce. Have you considered any of your spouses vacation and sick leave? While vacation leave may have some value, sick leave does not.
Accrued and unused sick leave at the time of separation and prior to retirement is not community property. The community only has an interest in sick leave when the benefits are paid during marriage or upon retirement to the extent earned during marriage. [Marriage of Moore, supra, 226 CA4th at 106, 171 CR3d at 773]
Contact me at amanda@gordonfamilylaw.com for more information.
Divorce Resources and Articles
/Clients often ask for divorce resources - this list includes articles that many client's have found comforting and instructive during a divorce:
When visitation goes awry
Parenting Guidelines Published by the Court
Ten Tips for Divorcing Parents
Will the fact that my employer offers perks like meals, per diem, and gym memberships impact the amount of child support I pay?
/Yes. Under Marriage of Schulze, employer perks are income available for support to the extent that they reduce a person’s living expenses. For example, in California the use of a company car and company condo at below market rate was taken into consideration when awarding support. However, there are some limitations on this rule as it does not encompass rent free housing outside of the employment benefits context.
Contact me at amanda@gordonfamilylaw.com for more information.
Can I make a custody agreement that says my child will be raised Christian?
/No. While this may seem strange to many parents, it is contrary to the First Amendment, to make an agreement between parents controlling the religious upbringing of their minor children. California Courts have invalidated such agreements on public policy grounds because such agreements (i) are too vague to demonstrate a meeting of the minds or to provide an adequate basis for enforcement and (ii) excessively entangle the court in religious matters.
Contact me at amanda@gordonfamilylaw.com for more information.