H. William Edgar
LATEST ARTICLES BY: H. William Edgar
Considering the Decision to Stay or Leave after Infidelity
Infidelity seems to be one of those acts that are simply unforgivable in a marriage, and many imagine themselves promptly leaving after…
Vicki Larson on the Neglect of Divorced Dads
In observance of Father’s Day, Vicki Larson’s 2103 blog in the Huffington Post delves into this unexplored sociological topic of men experiencing…
5 Reasons Co-Parenting is Good for You & Your Kids
It’s easy to understand that you are not the biggest fan of your ex-spouse. This is probably at least a little bit…
Helping Your Children Cope with a Disappointing Ex-Spouse
Joint custody following a divorce often results in painful frustration in both you and your child when the other spouse fails to…
Unhappy Marriage vs. Happy Divorce: Effects on Children
Married parents quite often have to face the decision of whether or not to separate in terms of how it might affect…
Can I Get Those Text Messages?
As a divorce lawyer, this is a common question that many clients will ask. Can I get access to my spouse’s phone…
Why Don’t People Leave a Bad Marriage?
In Caroline Shannon’s divorce360 article, “Mental Health: Fear of the Unknown Keeps Many People in Bad Marriages,” she consults two experts in the areas…
Do Your Kids Want to Live With Your Ex-Spouse?
Understanding Why and When Your Children Could Decide Our firm frequently is asked the question of when it is up to children…
8 Ways to Improve Your Co-Parenting Situation
You and your now ex-spouse likely don’t get along and probably have not been getting along for quite some time now. It’s…
Rights & Benefits of Divorced Spouses in the Military
Divorce between civilians is already a complex process, but military divorce brings a host of other concerns into play. As a family…
Telling Your Children about Your Divorce
No matter how many times you run it through your head, planning what you are going to say, what you visualize likely…
How Children Understand Divorce
In Laura Broadwell’s Parents blog, entitled “Age-by-Age Guide to What Children Understand About Divorce,” she breaks down the normative behavioral patterns in children in…
Tips to Make Joint Custody Work
Kate Bayless’s “9 Rules to Make Joint Child Custody Work” Kate Bayless’s article consults work from renowned clinical psychologists and researchers of…
Cohabitation and Spousal Support
Family Code, Section 4323 provides the legal authority about cohabitation and the spousal support obligation. The codes section states “Cohabitation with nonmarital…
Child Custody Considerations for Members of the Military
Military divorce can result in difficult circumstances for service member parents. The demands of military life can make a regular visitation schedule…
Why Some Alimony Rulings Are Hard to Predict for Clients
The one issue in family law where the judge has the most discretion is spousal support (aka alimony). This discretion, however, is…
How Do Social Security Payments Received Get Applied to My Child Support Arrears?
The below story and example regards the marriage of Hall and Frencher. In 2003, a trial court ordered Bruce Frencher Sr. to pay…
Did DCSS Properly Serve the Summons & Petition?
This was recently discussed by the court of appeal in Yolo County Department of Child Support Services vs. Myers. In May 1989,…
Why You Should Go with Experience When it Comes to Counsel
"The court continued it yet again.” “Why?” “Not sure…I think they just wanted to give her one final chance.” “But you said…
Are You Self-Employed? Choose Your Divorce Lawyer Carefully.
"The child support attorney did what?" I could not believe what I had heard. He had to repeat it. "She said ‘I…
Lawmakers Have Made a Major Divorce Update
In 2015, the California Supreme Court, in Davis v. Davis, ruled that for the purposes of defining separation (which triggers when a debt…
The Problem with Local Child Support Agencies
The local child support agencies (LCSAs) have groups on their behalf lobbying for laws to make their jobs easier. We cannot necessarily…
Do I Really Need an Attorney?
Recently I heard something disturbing from a new client. While representing herself, she had gotten a bad custody ruling from a particular…
Can I Opt Out Of California Property Division / Support Laws?
Questions regarding property division and support payments are often some of the most confusing issues faced in a divorce proceeding. California is a “community property” state—meaning…
Passport Denial for Delinquent Child Support Obligors
One of the harshest enforcement actions the Department of Child Support Services is mandated to take against delinquent child support obligors is to report…
How Could Bankruptcy Affect My Divorce?
Nothing complicates a divorce or family law proceeding like a bankruptcy filing. The bankruptcy can be filed by the obligor or the obligee. Regardless of…
Hardship Deductions in California Child Support Cases
People think it is automatic – you have other children and so you get a hardship for those kids in calculating child support,…
Offset for Social Security Benefits
IT’S NOT FAIR! John and Annette get married on March 12, 1994. During their marriage, both worked as attorneys-John worked in private…
There Was No Court Reporter?
No Court Reporter Means No Meaningful Appellate Review A recent decision from California Court of Appeal (6th District) stated the oft-repeated rule…
Pitbulls and Child Visitation Rights
I was once in the courtroom and saw a very reasonable judge make a very unreasonable ruling: “Until you get rid of…
Marriage Presumption
What is the Marriage Presumption? What most people think is routine or normal, is not necessarily normal in the family law court. Incredible fact…
Social Security and Child Support
Not All Social Security Benefits Are the Same. Family Code section 4058 broadly defines income “from whatever source derived.” And in its…
POP Declaration and Your Options
You have been sued for paternity and child support by your local child support agency (LCSA). You get served with the paperwork, you recognize the woman…
Can a Couple Live in the Same House but be “Living Separate”?
The answer to that question up until July 19, 2015 of this year would have been maybe (or it depends on the…
DCSS Has Attorneys…..Do You?
DCSS Has Attorneys Representing Them, So Should You! “It is quite simple….., you just input the numbers in a computer program and…
Health Insurance Assignment Order
It wasn’t bad enough that your wages were garnished. Now your employer is telling you that another chunk of your salary is…
I Want to Change Custody
Many times parents want to change primary custody of the children as opposed to modifying visitation. Statutory and case law makes changing custody much more difficult than…
Attorney Jeremy Roark
The Edgar & Dow is proud and excited to announce that Attorney Jeremy Roark will take over the day to day operations of…
What Is the UCCJEA?
The purpose of the UCCJEA is to allow states to determine which states has jurisdiction regarding custody and visitation and for the court to determine who…
Can A Party Stop A Divorce?
If one party files for a dissolution of marriage, the other party can not stop it unless there is a mutual agreement for…
How Do Courts Determine the Date of Separation?
The date of separation is a pivotal question that either the parties must agree to or have the court make a determination.…
How Much Does Divorce Cost?
This is a commonly asked question in all consultations with the attorney – How much does divorce cost?. Unfortunately, this question can not be…
Effect of Rent Free Housing On Child Support.
The impact of a parent’s mortgage-free or rent-free housing on his or her living expenses and resources may warrant a special circumstances…
Imputed Income For Child Support
In line with a substantial body of case law on the subject, Fam.C. § 4058 vests trial courts with discretion to consider a parent’s earning…
Fluctuating or Seasonal Income
To arrive at “monthly net disposable income,” the annual net disposable income figure (above) is normally divided by 12. [Fam.C. § 4060; Marriage of…
Are Recurring Gifts Treated As Income?
One-Time Gifts Are Not Usually Treated As Income for Child Support By analogy to tax law, which excludes gifts and inheritances from…
Custodial Timeshare: Daycare & School
There are many factors that the court can consider in making a timeshare determination. A parent’s custodial timeshare percentage can include the time the…
A Parent Quits Work To Take Care of New Family?
What Does the Court Do When a Spouse Quits Work and Relies On an Affluent New Spouse? The fact a parent intentionally remains…
What Happened to Proposition 8?
Prior to the U.S. Supreme Court decision in Hollingsworth v. Perry, the California Constitution, as amended by “Proposition 8” (eff. 11/5/08), limited a…
Does My New Spouse’s Income Matter In Child Support Calculation?
NO. New spouse income “ shall not” be considered in fixing child support except in specified extraordinary circumstances. [Fam.C. § 4057.5(a) & (b)] In fact,…
© Copyrights 2025 Edgar & Dow. All Rights Reserved. Disclaimer | Privacy Policy
Digital Marketing by 