RECENT SUCCESSFUL OUTCOMES FOR W&F ATTORNEYS Located in Mission Valley – Easy Parking – Private Consultation From time to time we like to share information about the successes that our attorneys have had in recent cases that they have been working on. This synopsis is by no means an exhaustive list of every case we have handled. For more information… READ MORE
San Diego(619) 284-4113
Coronado(619) 284-4113
Posts Categorized: Spousal Support
Imputed Income for Child and Spousal Support Based on Expenses
Determining Child & Spousal Support by Attributing Income Based upon Family Expenses In the recent unpublished case of In re Marriage of Farida, decided June 25, 2013, the California Court of Appeal held that it was not an abuse of the trial court’s broad discretion to calculate child and spousal support by attributing income to the obligor, based upon family… READ MORE
Modifiability of Spousal Support Orders
UNINTENTIONAL WAIVER OF THE ABILITY TO MODIFY A SPOUSAL SUPPORT ORDER In the recent case of In re Marriage of Hibbard, 212 Cal.App.4th 1007 (2013), the court refused to modify a spousal support order to an amount less than $2,000 per month, despite husband’s proven disability. The parties divorced in 2002, after thirty years of marriage. The husband served in… READ MORE
Effect Upon Spousal Support When Ex-Spouse Conducts A “Commitment Ceremony” Rather Than A Wedding With New Mate:
Ex-husband was paying spousal support to ex-wife and filed a motion to terminate his spousal support order because his ex-wife and her new mate had a “commitment ceremony.” Normally, upon the remarriage of the supported spouse, the other party’s duty to continue to pay support is automatically terminated. The Court of Appeals held that in In Re Marriage of Left,… READ MORE
What is a “Richmond Order” For Purposes of Spousal Support & Can The Time Certain Be Extended:
The case of Marriage of Richmond, (1980) 105 Cal.App.3d 352 generally holds that the Court has jurisdiction to set step down of spousal support payable to the supported spouse on a date certain. Within that order, the Court will indicate that the supported spouse has the burden to prove thereafter, that such order should not be reduced based on the… READ MORE
Does The Trial Court Have The Ability To Modify A Temporary Support Order Retroactively:
In 2011, the California Court of Appeals in In Re Marriage of Gruen, (2011) 191 CA4th 627, held that the Trial Court lacked jurisdiction to retroactively modify a temporary spousal support order retroactively upon receipt of additional information. From a practical standpoint, the court needs to enter temporary support orders to maintain the status quo. As a result, without the… READ MORE
Default Judgments Must Match Divorce Petition Relief Sought
Default Judgments – Trial Courts Must Carefully Examine Petitioner’s Complaint A default judgment in dissolution of marriage cases is a judgment attained when the respondent does not respond to the case and the petitioner files a request with the court to move forward in the case without the respondent’s involvement. The word “default” is literally defined as a defendant’s (in… READ MORE
Modification and Requests to Extend Spousal Support Orders
California Family Law Specialists in Spousal Support Issues In the recent case of Irmo Khera & Sameer, (2012) (filed from the 6th Dist. on June 19, 2012), the Court of Appeal decided on several important issues having to do with post-judgment modification requests to extend spousal support beyond an agreed upon time. Husband’s dissolution petition was filed in 2003. The… READ MORE
Severance, Bonus Payments and Child Support
Severance Payment Should Not be Considered as One-Month’s Compensation for Child Support Guideline In the recent matter of IRMO Tong & Samson, (filed July 5, 2011), the Court of Appeal held that a parties’ receipt of severance pay should not be considered as one-month’s pay for purposes of calculating guideline child support. In the Tong matter, the parties separated after… READ MORE
Modification of Permanent Spousal Support Awards
Permanent spousal support orders may be modified post-judgment Many recipients or obligors of spousal support ask the question, “Can a “permanent” spousal support order be modified?” The answer is generally yes. Permanent spousal support orders are subject to modification if the court that originally issued the order reserved jurisdiction over that issue. In most cases, divorce judgments incorporating marital settlement… READ MORE