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Blog Posts in June, 2013

  • Spousal Support when the other party is the primary custodial parent

    Can a party in a California divorce case collect spousal support when the other parent is the primary custodial parent? Many of time I had seen a party offet their child support obligation with a spousal support order. This would typically occur when the spouse who was not the primary custodial parent, was the low income earner for the family. That is they made less money then their mate who was ...
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  • Imputation of Income for Primary Custodial Parent

    Although the court can typically impute income to a parent in a California child custody to honor the legislative intent that both parents are required to support their minor children, a recent case turned this rule on it's head. The recent case of IRMO Ficke held that a Trial court in calculating child support abused its discretion by imputing income to the custodial parent-—who was drawing ...
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