Burgos Santoyo Smith, Inc

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Burgos Santoyo Smith, Inc Our firm was founded with the premise to help families get past divorce visualizing the future.

⚖️Your resource for all things divorce & family law in San Diego & Southern California
📲(833) 931-1615
🖥️Visit us at BSSLegal.com

Once a child support order is entered, it isn't set in stone forever - and understanding when and how it can be adjusted...
10/16/2026

Once a child support order is entered, it isn't set in stone forever - and understanding when and how it can be adjusted is key to protecting your financial rights.

Here is the breakdown for this week’s FAQ Friday:

The Core Rule (Changed Circumstances)
In California, either parent can request a modification to an existing child support order if there has been a significant change in circumstances since the last order was issued.

Common Reasons for a Modification
A court will consider adjusting child support payments for several key reasons, including:
➤ Income Changes: A substantial increase or decrease in either parent’s earnings (due to job loss, promotion, or career shift).
➤ Parenting-Time Shifts: A significant change in the physical custody schedule or amount of time the child spends with each parent.
➤ Child’s Evolving Needs: New expenses related to health insurance, medical care, daycare, or educational needs.
➤ Family Size Changes: Either parent having another child from a different relationship.

Key Takeaway: Child support orders do not adjust automatically. The court cannot change support retroactively before your filing date, so filing a formal motion as soon as circumstances change is critical.

Have questions about your child support? Every situation is unique. Call our office today to schedule a confidential consultation.


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10/15/2026

Always there for each other, no matter what!


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Disclaimer: The information provided in this video/post does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available in this video/post are for general informational purposes only. Please consult with a qualified attorney in your jurisdiction regarding your specific legal matter.

October is Domestic Violence Awareness Month. Leaving an abusive situation requires careful planning, deep courage, and ...
10/14/2026

October is Domestic Violence Awareness Month. Leaving an abusive situation requires careful planning, deep courage, and the right legal support. 💜

Domestic abuse isn’t always physical - it often manifests as severe emotional intimidation, financial deprivation, or coercive control. Knowing your legal rights can help protect both you and your children.

Check out the graphics in this post to learn how to identify non-physical abuse, create a safety plan, and learn about available, helpful resources.

In an emergency, call 911 immediately.

For legal help, reach out to our team today.
You don't have to navigate this transition alone.


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Disclaimer: The information provided in this video/post does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available in this video/post are for general informational purposes only. Please consult with a qualified attorney in your jurisdiction regarding your specific legal matter.

10/13/2026

Think hitting the 10-year marriage mark guarantees lifetime alimony? Think again! 🚫💍

Many people believe that reaching a 10-year anniversary automatically entitles a lower-earning spouse to permanent spousal support payments. In reality, California’s 10-year rule simply classifies marriage as one of "long duration".

While this means the court retains indefinite jurisdiction over spousal support - rather than applying a rigid end date - it does not guarantee lifetime checks.
➤ Goal of Self-Sufficiency: Courts expect supported spouses to make reasonable efforts to become financially independent over time.
➤ Retained Jurisdiction: The court keeps the power to modify, reduce, or terminate support as circumstances change (e.g., job changes, retirement, or cohabitation).
➤ Automatic End Points: Support typically terminates upon the remarriage of the receiving spouse or the death of either party.

⚖️ Have questions about how spousal support duration is determined in your case? Burgos Santoyo Smith Family Law Firm is here to give you professional guidance. Schedule a confidential consultation with our family law team today.
🌐 www.bsslegal.com
📞 (833) 931-1615

👉 Follow us for truth-bombs on divorce, custody, family law, and the fun moments in-between.


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Disclaimer: The information provided in this video/post does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available in this video/post are for general informational purposes only. Please consult with a qualified attorney in your jurisdiction regarding your specific legal matter.

          Legal Advertisement by Burgos Santoyo Smith, Inc. Disclaimer: The information provided in this video/post does...
10/10/2026


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Disclaimer: The information provided in this video/post does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available in this video/post are for general informational purposes only. Please consult with a qualified attorney in your jurisdiction regarding your specific legal matter.

How Long Does a Divorce Take in California? ⏱️ In California, there is no one-size-fits-all timeline for ending a marria...
10/09/2026

How Long Does a Divorce Take in California? ⏱️

In California, there is no one-size-fits-all timeline for ending a marriage - and understanding the key factors involved helps set realistic expectations from day one.

Here is the breakdown for this week’s FAQ Friday:

The Absolute Minimum (The 6-Month Rule)
By California law, the court cannot finalize a divorce any earlier than six months and one day from the date the Respondent is officially served with divorce papers. Even if both spouses agree on every detail on Day 1, this waiting period is mandatory.

Factors That Impact Your Actual Timeline
➢ While six months is the statutory minimum, many cases take longer depending on several variables:
➢ Level of Agreement: Uncontested divorces resolve much faster than contested cases that require court intervention.
➢ Complex Issues: Disputes over child custody, spousal support, high-value assets, or business valuations add processing time.
➢ Discovery & Financial Disclosures: Gathering and exchanging complete financial records can take weeks or months.
➢ Party Participation & Negotiation: Productive communication accelerates the process, while delays or unresponsiveness from either side extend it.

Key Takeaway: The six-month clock starts when papers are served, not when you decide to file. Your actual timeline depends heavily on how complex your case is and whether issues can be resolved out of court.

Have questions about your timeline? Every situation is unique. Call our office today to schedule a confidential consultation.


Legal Advertisement by Burgos Santoyo Smith, Inc.
Disclaimer: The information provided in this video/post does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available in this video/post are for general informational purposes only. Please consult with a qualified attorney in your jurisdiction regarding your specific legal matter.

10/06/2026

Think you can demand supervised visitation just because you don't trust your ex? Think again! 🚫

Many people believe that personal mistrust, bad communication, or general dislike is enough to restrict a co-parent's time. In reality, courts start with the presumption that frequent, continuing contact with both parents is in the child's best interest.

A judge will not order supervised visits based on accusations or bad blood alone. Stripping a parent of unsupervised time requires clear evidence showing that unsupervised contact would present a genuine risk of physical or emotional danger or detriment to the child.

➢ Evidence Is Key: Restrictive orders require proof, such as evidence of active substance abuse, domestic violence, neglect, or severe safety risks.
➢ Best Interest Standard: The court focuses strictly on the child's safety and well-being, not adult interpersonal conflict.
➢ High Legal Bar: Lack of personal trust or bad co-parenting chemistry won't meet the strict legal standard needed to restrict visitation.

⚖️ Navigating a tough custody dispute or safety concerns?
Burgos Santoyo Smith Family Law Firm is here to give you professional guidance. Schedule a confidential consultation with our family law team today.
🌐 www.bsslegal.com
📞 (833) 931-1615

👉 Follow us for truth-bombs on divorce, custody, family law, and the fun moments in-between.


Legal Advertisement by Burgos Santoyo Smith, Inc.
Disclaimer: The information provided in this video/post does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available in this video/post are for general informational purposes only. Please consult with a qualified attorney in your jurisdiction regarding your specific legal matter.

Legal vs. Physical Custody: What’s the Difference? ⚖️In California, "custody" is split into two distinct categories - an...
10/02/2026

Legal vs. Physical Custody: What’s the Difference? ⚖️

In California, "custody" is split into two distinct categories - and understanding the difference is key when navigating a divorce or parenting plan.

Here is the breakdown for this week’s FAQ Friday:
- Legal Custody (Decision-Making Power) Relates to who makes the major decisions in your child’s life, including healthcare, education, religious upbringing, and extra-curricular activities. Courts usually grant Joint Legal Custody, meaning both parents must consult and agree on these life decisions.
- Physical Custody (Where the Child Lives) Refers to where the child physically resides day-to-day.
- Joint Physical Custody: The child spends significant, regular time living with both parents.
- Sole Physical Custody: The child resides primarily with one parent, while the other typically receives scheduled visitation.

Key Takeaway: You can share Joint Legal Custody even if one parent has Primary Physical Custody. The two are completely separate legal concepts.

Have questions about your parenting arrangement? Every situation is unique. Call our office during business hours to schedule a confidential consultation.


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Legal Advertisement by Burgos Santoyo Smith, Inc.
Disclaimer: The information provided in this video/post does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available in this video/post are for general informational purposes only. Please consult with a qualified attorney in your jurisdiction regarding your specific legal matter.

Big news for our team! 🏆We are thrilled to announce that our family law attorney Elizabeth Mayberry has been selected to...
09/30/2026

Big news for our team! 🏆

We are thrilled to announce that our family law attorney Elizabeth Mayberry has been selected to the 2027 San Diego Rising Stars list!

The Rising Stars distinction is awarded to no more than 2.5% of attorneys in the region, recognizing top up-and-coming lawyers through a rigorous, multi-phase peer evaluation process.

Elizabeth’s dedication to advocating for local families and delivering exceptional counsel makes this recognition so well-deserved. Please join us in congratulating her on this incredible milestone! 👏


Legal Advertisement by Burgos Santoyo Smith, Inc.
Disclaimer: The information provided in this video/post does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available in this video/post are for general informational purposes only. Please consult with a qualified attorney in your jurisdiction regarding your specific legal matter.

09/29/2026

Think equal physical custody means zero child support? Think again! 🚫⚖️

Many people believe that if parents split parenting time 50/50, neither person owes child support. In reality, child support isn't calculated based on time alone - it is heavily tied to both parents' incomes.

If there is an income gap between parents, courts will typically order child support to ensure the child enjoys a similar standard of living in both households. Even with equal time, support payments can be mandatory to balance financial disparities.

➔ Income Matters: 50/50 time lowers the obligation, but it doesn't wipe it out if one parent earns significantly more.
➔ Standard of Living: Courts aim to keep basic needs and comfort consistent across both homes.
➔ Mandatory Orders: Statutory guidelines generally dictate support calculations regardless of parents' informal agreements.

⚖️ Have questions about how child support is calculated for your custody arrangement? Burgos Santoyo Smith Family Law Firm is here to give you professional guidance. Schedule a confidential consultation with our family law team today!
🌐 www.bsslegal.com
📞 (833) 931-1615

👉 Follow us for truth-bombs on divorce, custody, family law, and the fun moments in-between.


Legal Advertisement by Burgos Santoyo Smith, Inc.
Disclaimer: The information provided in this video/post does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available in this video/post are for general informational purposes only. Please consult with a qualified attorney in your jurisdiction regarding your specific legal matter.

Address

2667 Camino Del Rio S, Suite 108
San Diego, CA
92108

Opening Hours

Monday 9am - 5pm
Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 3pm

Telephone

+18339301615

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