Table of Contents

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TABLE OF CONTENTS

Message from the Chair………………………………………………………………………………………………………..3

Message from the Editor……………………………………………………………………………………………………..4

What’s Mine Is Mine, What’s Ours Is Ours, and What’s Yours Is Ours: The Extension of Watts Charges To Separate Property…………………………………………………………………………….6
By Chandra Moss, CFLS
Watts charges may be levied against a party for living in his or her separate property where the community has partial interest due to the Moore/Mardsen rule, according to the opinion in In re Marriage of Mohler.

Protecting Your Client’s Right to Recover Attorney Fees/Costs……………………………………..9
By Robert R. Walmsley
Look to the rules of court when assessing and preparing the issue of attorney fees and costs, in addition to the commonly used Family Code and Code of Civil Procedure sections.

Best Practices for Responding to a Request for Production of Documents…………………13
By Billie-Jean Lee, CFLS
Review these critically important tips for preparing code-compliant responses to document demands and refuting invalid objections or incomplete responses.

Pandemic Provisions – Do Force Majeure Clauses Have a Place in Custody and Visitation Agreements?………………………………………………………………………………………………………16
By Melissa Wheeler Hoff
Explore suggestions of how to help parents plan for the unexpected by including these "act of God" provisions in their child custody agreements.

Children Supporting Themselves? How Sparring Parties in Support Disputes Seek to Use the Family Code to Bypass Trust Protections for Beneficiaries……………….26
By Michael S. Brophy and Sara Z. May
Follow along with this road map for navigating the land of trusts as they cross over into family law terrain.

The Few and Varying Published Decisions on the Presumption of Undue Influence … 35
By Elsa-Marie Medeiros
Key pieces of evidence can help assess the Family Code §721(b) presumption of undue influence and shed light on how the advantaged spouse can rebut it.

Whither the Spousal Privilege…………………………………………………………………………………………..39
By Steven Berenson
Has the time come for the evidentiary privilege afforded confidential marital communications to be a thing of the past?

Family Law News

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