Volume 19 | February 2, 2022

In This Issue:

Did Your Ex Stop Paying Child Support? Learn Your Legal Options Read more Why Do I Need a Litigation Attorney? Read more What Makes a Good Family Law Attorney? Read more

Assessing Your Chances on Appeal Read more Rethinking Move-Away Orders During Covid 19 Read more The Trial Court Is Always Right Read more New Laws of 2022 Read more

Happy Black History Month from Evans Kingsbury!

Did Your Ex Stop Paying Child Support? Learn Your Legal Options When you share a child with someone and the relationship ends, you need to know that your child’s needs will be covered through child support. While initially, things might be going great and you get regular payments from your ex, what happens if he or she stops submitting payments? Fortunately, you have legal options to get your ex to pay. Obtain a Child Support Order from the Court Before you can take any action against your ex, you need to make sure you have a judge-signed order that requires your ex to pay you child support. Read more Why Do I Need a Litigation Attorney? While filing a lawsuit against a liable party can be in your best interest – both personally and financially – it can also be stressful. You can reduce this stress by hiring an experienced litigation attorney to represent you and your case. What Litigation Attorneys Do After you file a lawsuit, a civil litigation attorney will represent you during your case. Litigation attorneys are responsible for guiding you through the legal process and ensuring all deadlines are met and all required documents are properly filed. He or she will also represent you in the courtroom. Read more

What Makes a Good Family Law Attorney? Whether you are going through a divorce, filing for adoption, or fighting for child custody, you need an experienced family law attorney to represent you. When your family’s future is at stake, you can’t trust just anyone to represent you. Ensure you are hiring a reputable attorney who has your best interests at heart by reviewing this list of qualifications for a good family law attorney. Make Sure Your Family Law Attorney Is Candid While positivity can be beneficial when going through a family law case, you also need to hear the truth. Make sure you hire a family law attorney who has enough integrity to be honest with you about your case. Read more Assessing Your Chances on Appeal Many Attorneys and litigants believe that the appellate court is another opportunity to argue their case. It is often thought that a second set of judicial eyes would see what to them are obvious errors. But burdens, inferences and presumptions in the appellate court can create a trap for the un- war y lawyer considering an appeal or petition for writ review. Imagine you’re the next batter up in a baseball game. No pressure, but the score is tied, it’s the bottom of the 9th inning with two outs, and the bases are loaded. Two strikes and three balls have already been called. Every baseball player’s nightmare, right? Read more

Rethinking Move-Away Orders During Covid-19 In early 2020, a new plague struck the world and children suffered. COVID-19 caused confusion and inconsistencies in policies for government agencies, medical providers, schools and courts issuing child custody orders. At the onset of COVID-19, jurisdictions issued inconsistent orders, with some jurisdictions re- moving children from the care of front-line working parents and others finding parents in contempt for withholding a child against a court order. Given the sudden explosion of remote schooling and/or home-schooling, courts are considering novel custody arrangements involving more long-distance, equal-time share arrangements between parents living in different states. Read more The Trial Court Is Always Right Many Attorneys and parties make the common mistake of believing that the appellate court is another opportunity to argue their case. It is often thought that a second set of judicial eyes would see what to them are obvious errors. But, to use a baseball analogy, when you step up to the plate in the appellate court, you have 2 strikes, 3 balls, 2 outs and an umpire whose job it is to call the next pitch a strike unless you hit it out of the park. Burdens, inferences and presumptions in the appellate court can create a trap for the unwary trial lawyer considering whether to appeal an adverse decision or prepare a petition for writ review. Read more

Recent publications

New Laws of 2022 Some new laws take effect in 2022 that may be of interest to lawyers. Including: FAMILY LAW: Family Code §6308 is amended to allow remote appearances on hearings on petitions for domestic violence restraining orders. (SB 538 (Rubio)) STATUTE OF LIMITATIONS: AB 287 (Quirk) amends Code of Civil Procedure §338 to establish a three-year statute of limitations for civil actions for liability for unlicensed cannabis activity. Read more

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