Naimish & Lewis, APC

Naimish & Lewis, APC We also practice in the areas of Estate Planning, Probate and Trust Administration. You can be assured you'll receive professional and competent representation.

Providing legal services in the areas of divorce, custody, child support, spousal support, paternity, guardianship, conservatorship, limited conservatorship, estate planning, probate, trust administration. The attorneys at Naimish & Lewis specialize in Family Law and related Child Custody issues including divorce, out-of-state custody/visitation, child/spousal support, enforcement of orders, and m

ove-aways. We serve clients both in California and out-of-state, for issues arising in San Diego County. There really is no substitute for experience, and at Naimish & Lewis our experienced team of professional attorneys work together to provide you with top quality legal services at competitive rates. Family law, custody and support issues can have long term consequences on you and your family. You are entitled to have your legal issues properly and professionally handled. You will receive honest, straightforward answers to make a fair and informed decision for any situation that may develop in your case. At Naimish & Lewis, we have a friendly, professional problem-solving approach. We work toward settlement of your issues with balanced, aggressive litigation skills to handle each of your unique law needs.

Here is something most people going through a divorce in California do not realize until it becomes a problem.The moment...
05/29/2026

Here is something most people going through a divorce in California do not realize until it becomes a problem.

The moment a Petition for Dissolution of Marriage is filed, Automatic Temporary Restraining Orders, known as ATROs, go into effect. These orders are printed right on the Summons and they bind both spouses immediately.

Among other things, ATROs restrict your ability to make changes to your estate plan, modify beneficiary designations, or transfer assets into a trust. These are exactly the kinds of changes many people want to make when a marriage is ending. Understanding what is and is not permitted under ATROs, and what procedural steps are required before making any changes, is essential to protecting your interests without creating legal complications in the middle of an already difficult process.

If you are in the middle of a divorce and wondering what you can do with your estate plan right now, this article explains the rules clearly.

https://www.naimishlewislaw.com/estate-planning/what-are-atros-and-why-cant-i-fund-my-trust/

Schedule a consultation to discuss your options.

Characters: 793 / 63,206

When a married couple starts a divorce or legal separation in California, the Summons served with the Petition in dissolution of marriage or legal separation contains Automatic Temporary Restraining Orders (referred to as “ATROs”) that are binding on both spouses. The purpose of the ATROS under ...

If you and your spouse set up an AB trust before 2011, it may be worth revisiting whether that structure still makes sen...
05/28/2026

If you and your spouse set up an AB trust before 2011, it may be worth revisiting whether that structure still makes sense for your situation.

AB trusts were widely used as an estate tax planning tool for married couples. The idea was to split the estate into two portions at the first spouse's death, sheltering assets from estate tax. For many families, that structure made a lot of sense under the tax laws in effect at the time.

A lot has changed since then. Federal estate tax exemptions have increased significantly, meaning most families no longer face the estate tax concerns that made AB trusts necessary in the first place. For those families, continuing to use an AB trust can actually create complications, particularly around how assets are taxed when the surviving spouse later passes and children eventually inherit.

That said, the calculus is not the same for everyone. High-net-worth estates, families in states with separate estate taxes, and those with specific asset protection goals may still find value in the structure. And the federal exemptions currently in place are scheduled for changes.

If you have an AB trust that has not been reviewed in a few years, a consultation with an estate planning attorney can help you determine whether it still serves your goals.

https://www.naimishlewislaw.com/trusts/do-i-still-need-an-ab-trust/

Schedule a consultation to discuss your options.

Characters: 969 / 63,206

Due to changes in federal and state laws over the past decade, many of the AB trusts created prior to 2011 may no longer be the most desirable method of estate planning for a married couple. This blog explains why AB trusts are a thing of the past for many families who prefer a simpler revocable tru...

Here is a situation that happens more often than most people realize. Someone drafts a will or trust early in life, gets...
05/27/2026

Here is a situation that happens more often than most people realize. Someone drafts a will or trust early in life, gets married years later, and never updates their estate plan. When they pass away, their spouse discovers they are not named in the documents.

In California, that spouse is not necessarily left out entirely. The law provides specific protections for what are called "omitted heirs" — spouses or children who were unintentionally excluded from an estate plan, typically because the plan was created before the relationship existed.

Under California Probate Code, an omitted spouse may be entitled to a share of the estate even if the will leaves everything to someone else. Similar protections can apply to children born after an estate plan was executed.

These protections exist precisely because life changes and estate plans often do not keep up. The clearest way to protect everyone involved is to review and update your documents whenever your family situation changes.

California estate planning laws provide protections for omitted heirs. Learn how to avoid common pitfalls and keep your estate plan up to date.

If you and your co-parent cannot agree on a custody arrangement, the next step in San Diego is often an appointment with...
05/26/2026

If you and your co-parent cannot agree on a custody arrangement, the next step in San Diego is often an appointment with Family Court Services. Most parents do not know what to expect from that meeting, and that uncertainty can cost them.

The social worker assigned to your case has limited time with you. In that window, they need to see that you understand your child's needs, that you are focused on what is best for them, and that you can function as a co-parent. What they do not need to hear is a list of grievances about the other parent, unless those grievances are supported by evidence and directly affect your child's wellbeing.

One of the most effective things a parent can do in that meeting is acknowledge their own limitations honestly, and explain what they are doing to address them. That kind of self-awareness builds credibility with the social worker. It signals that you are approaching this as a parent, not just as a party in a dispute.

If you have a Family Court Services appointment coming up, this article is worth reading beforehand.

https://www.naimishlewislaw.com/family-law/child-custody-and-visitation-preparing-for-family-court-services/

Schedule a consultation to discuss your options.

When parents cannot agree on a child custody and child sharing plan, either parent may file a Request for Order with the Family Court. In San Diego, the filing of a request for custody and visitation orders automatically triggers the scheduling of an appointment with Family Court Services (“FCS”...

Most couples think a prenuptial agreement is about planning for divorce. That is not really what it is.When you get marr...
05/25/2026

Most couples think a prenuptial agreement is about planning for divorce. That is not really what it is.

When you get married in California, you automatically enter a legal contract. The state sets the default terms: how property is owned, how debt is shared, what happens to income earned during the marriage, and what financial obligations may exist if the relationship ends. You do not negotiate those terms. They simply apply.

A prenuptial agreement gives you and your future spouse the option to review those defaults and decide together whether they reflect what you actually want. For some couples, the defaults work fine. For others, especially those with a business, significant separate assets, or children from a prior relationship, having a clear agreement in writing makes a real difference.

The conversation itself tends to be valuable. Couples who go through the process often describe it as one of the most grounding financial discussions they have had before the wedding.

https://www.naimishlewislaw.com/family-law/prenuptial-agreements-california/

Schedule a consultation to discuss your options.

Understanding California's marriage laws is essential before saying "I do." Learn how a prenuptial agreement can offer protection and peace of mind for San Diego couples.

Your 401(k) may be one of the most significant assets in your divorce, and one of the most complicated to divide.In Cali...
05/22/2026

Your 401(k) may be one of the most significant assets in your divorce, and one of the most complicated to divide.

In California, contributions made to a retirement account during marriage are community property, subject to a 50/50 split. Contributions made before the marriage or after the date of separation are generally protected as separate property. Establishing the precise date of separation is often critical to getting this right.

Dividing a 401(k) is not as simple as writing a check. It requires a specific court order, often a Qualified Domestic Relations Order (QDRO), to split the account without triggering taxes or penalties. Mistakes in drafting that order can be costly and difficult to correct.

If your retirement savings represent a significant part of your financial future, it is worth understanding what the law requires before you reach an agreement.

https://www.naimishlewislaw.com/estate-planning/divorce-and-your-401k/

Schedule a consultation to discuss your options.

Dividing Your 401(k) in a California Divorce: What You Need to Know Going through a divorce in California can be incredibly complex, and few assets present as many challenges as a 401(k) or other retirement accounts. For many Californians, their 401(k) represents a significant portion of their finan...

Spousal support, sometimes called alimony, is one of the most misunderstood parts of a California divorce.A lot of peopl...
05/21/2026

Spousal support, sometimes called alimony, is one of the most misunderstood parts of a California divorce.

A lot of people assume it is automatic, or that it ends on a fixed date. Neither is true. Whether support is ordered, how much is paid, and how long it lasts all depend on specific factors outlined under California Family Code Section 4320. Those factors include the length of the marriage, the standard of living during the marriage, the health of both parties, and the ability of the lower-earning spouse to become self-supporting.

In shorter marriages, courts often set an end date. In longer marriages, they typically do not, though support can be modified or terminated later if circumstances change.

If you are facing a divorce and are concerned about what you may pay or receive, it helps to understand how the law actually works before you make decisions.

https://www.naimishlewislaw.com/family-law/spousal-support/

Schedule a consultation to discuss your options.

Temporary Spousal Support or Permanent Spousal Support - San Diego's Naimish & Lewis Law Will Help You Make The Best Decisions Possible For Your Family.

If you recently inherited money or received a significant cash gift, you may be wondering whether it affects your child ...
05/20/2026

If you recently inherited money or received a significant cash gift, you may be wondering whether it affects your child support obligation in California.

The answer depends on the details. A one-time gift generally does not count as income. But a court can impute income based on what a lump sum could reasonably earn if invested. And if you owe past-due support, an inheritance can be subject to liens or garnishment.

Recurring gifts are treated differently. If a family member consistently deposits the same amount each year, a court may count that as a recurring financial benefit and factor it into the support calculation.

There is also an important point about CUTMA accounts. Depositing money into a custodial account for your child does not substitute for court-ordered child support. Those funds belong to the child, not the parent.

This is a nuanced area of California law. The full article walks through the key scenarios clearly.

https://www.naimishlewislaw.com/child-support/gifts-inheritance-and-child-support/

Schedule a consultation to discuss your options.

If the goal of child support is to have the children share in the standard of living of both parents, and child support is calculated in part by using both parents’ monthly income, what happens when one parent receives a cash gift or inheritance? Is the gift or inheritance considered “income?”...

Going through a divorce in California? There is a legal obligation most people do not fully understand until it catches ...
05/19/2026

Going through a divorce in California? There is a legal obligation most people do not fully understand until it catches them off guard.

California law requires both spouses to disclose all assets and liabilities, including separate property, not just marital assets. And that obligation does not end with the initial filing. Spouses have a continuous duty to update each other as financial circumstances change throughout the proceedings.

Failing to meet that obligation carries serious consequences. Courts can impose monetary sanctions, block asset distributions, or reopen a judgment entirely if non-disclosure is discovered later.

If you have concerns about what your spouse may be concealing, or questions about your own disclosure requirements, this article explains what the law requires.

Divorcing couples often have critical questions about financial transparency: What if my spouse is hiding money, property, or other assets from me? Do I need to disclose all my financial resources, including gifts from family? Divorcing spouses have significant legal obligations to each other, prima...

Most people assume a will is enough. In California, it usually is not.If you own real property or have an estate above t...
05/18/2026

Most people assume a will is enough. In California, it usually is not.

If you own real property or have an estate above the probate threshold, a will alone still requires your family to go through probate court after you pass. A living trust is different. When properly funded, it allows your successor trustee to manage and distribute your assets without any court involvement.

That means faster transfers, lower costs, and no public disclosure of your estate.

There is another benefit that many people overlook. A living trust also protects you during your lifetime. If you become incapacitated, your successor trustee can step in immediately, without requiring a court to appoint a conservator.

If you have been putting off your estate plan, this article is a straightforward place to start.

https://www.naimishlewislaw.com/trusts/do-i-need-a-living-trust/

Schedule a consultation to discuss your options.

What is a Living Trust? A living trust is a written legal document that typically serves as the cornerstone of your estate plan. Think of your living trust like a secure vault where you store the valuable assets you’ve worked your entire life to accumulate. During your lifetime, your trust operate...

When child custody disputes reach a level of complexity that Family Court Services cannot adequately address, California...
05/08/2026

When child custody disputes reach a level of complexity that Family Court Services cannot adequately address, California courts may order a formal Child Custody Evaluation. Conducted by a licensed mental health professional, these evaluations assess each parent's ability to meet the child's physical, emotional, and psychological needs.

The process includes parent and child interviews, review of records, home visits, and often psychological testing. The resulting report carries significant weight with the court. Given the high stakes, preparation with an experienced family law attorney well in advance of the evaluation is essential. Mary Naimish, Certified Family Law Specialist, and the team at Naimish & Lewis are experienced in guiding clients through this process.

Need help navigating a child custody dispute in San Diego? Understanding the role of child custody evaluations can be crucial to ensuring the best interests of your child are represented in court. When parents cannot agree on a child custody and child sharing plan, either parent may file a Request f...

Address

3065 Rosecrans Place, Ste 100
San Diego, CA
92110

Opening Hours

Monday 8:30am - 5pm
Tuesday 8:30am - 5pm
Wednesday 8:30am - 5pm
Thursday 8:30am - 5pm
Friday 8:30am - 5pm

Website

Alerts

Be the first to know and let us send you an email when Naimish & Lewis, APC posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Contact The Practice

Send a message to Naimish & Lewis, APC:

Shortcuts

Share

Category