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Blog Posts in Child Support

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  • Must either a Child or Spousal Support award be based on current income and expenses of the parties in a California Family Law matter?
    Must either a Child or Spousal Support award be based on current income and expenses of the parties in a California Family Law matter?

    In the IRMO Cipari (2/7/19) case, the appellate Court held that a trial court’s relying on a parties’ prior year tax returns when the current tax returns were available to the party was an error and ...

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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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  • Can the court appoint an attorney to represent my child in a California family law case?
    Can the court appoint an attorney to represent my child in a California family law case?

    Yes. Pursuant to Ca family code section 3150. (a) If the court determines that it would be in the best interest of the minor child, the court may appoint private counsel to represent the interests of ...

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  • Can the court impose a requirement that I submit to an indefinite order for drug or alcohol testing as a prerequisite to custody or visitation?
    Can the court impose a requirement that I submit to an indefinite order for drug or alcohol testing as a prerequisite to custody or visitation?

    No. This very subject was addressed in a recent case (Heidi S. Vs. David H). In that case, the Court made an order that required mother to submit to drug testing indefinitely as a condition of ...

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