Blog Posts in 2018

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  • Is the issue of domestic violence and separate property assets considered in determining spousal support in California?
    Is the issue of domestic violence and separate property assets considered in determining spousal support in California?

    Yes. A recent case by the name of IRMO Schu [Schu II] (12-6-16) addressed this very issue. In this case, the court found that they had properly considered fault, spouse’s domestic violence, and wife’s ...

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  • If my former spouse has a business, but transfers the business to his/her new spouse's name, can this be a basis to modify spousal support in California?
    If my former spouse has a business, but transfers the business to his/her new spouse's name, can this be a basis to modify spousal support in California?

    The case on point is, IRMO Berman (9-27-17). In this case, the husband retired at age 65, but opened a business and placed it in his new spouse’s name. He filed a motion to modify spousal support ...

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  • If my California judgment or marriage settlement agreement does not specify that spousal support terminates on the death of my spouse, am I still obligated to pay support to his/her beneficiaries?
    If my California judgment or marriage settlement agreement does not specify that spousal support terminates on the death of my spouse, am I still obligated to pay support to his/her beneficiaries?

    In the case of Leslie v. C.I.R. (9-14-16) , the parties entered into a marriage settlement agreement whereby spousal support was agreed to, but there was not specific language that spousal support ...

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  • If the other parent is receiving occasional gifts from a friend or new significant other, is this a basis to reduce or modify child support?
    If the other parent is receiving occasional gifts from a friend or new significant other, is this a basis to reduce or modify child support?

    This issue of gifts in calculating child support has been addressed almost a decade ago. However, the recent case of Anna M. v. Jeffrey E. (1-11-17) further solidified that, for gifts to be considered ...

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  • If I am the beneficiary of a trust in a California divorce or paternity action, can the Court consider this income for the purposes of calculating child support?
    If I am the beneficiary of a trust in a California divorce or paternity action, can the Court consider this income for the purposes of calculating child support?

    This issue was addressed in a case by the name of IRMO Furie (10-30-17). In this case, the husband filed a request to modify child support based on his loss of employment and his sole income was the ...

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  • Are all changes in a parent's income the basis for a modification of child support?
    Are all changes in a parent's income the basis for a modification of child support?

    This very issue was raised in IRMO Usher (12-2-16). In this case, the court found that the husband’s reduced income did not constitute a material change in circumstances in light of his extreme ...

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