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  • 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?

    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?

    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?

    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?

    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?

    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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