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
Determining Child & Spousal Support by Attributing Income Based upon Family Expenses In the recent unpublished case of In re Marriage of Farida, decided June 25, 2013, the California Court of Appeal held that it was not an abuse of the trial court’s broad discretion to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
Child Support May Be Calculated Using Immigration Sponsorship Payments as Income In the recent unpublished case San Bernardino DCSS v. Gross, decided July 23, 2013, the California Court of Appeal upheld a child support judgment based on a non-custodial mother’s sponsorship money. The sponsorship money was paid to her by the children’s father’s parents, as contracted when she came to the… READ MORE
INEFFECTIVE ASSISTANCE OF COUNSEL IN FAMILY LAW PROCEEDINGS In the recent case of In re Marriage of Campi, 212 Cal.App.4th 1565 (2013), husband and wife of a twenty-year marriage decided to separate, and then disputed over the dissolution of their marriage for the following seven years. The husband requested a community property home become his separate property. The parties agreed… READ MORE
The short answer is yes. In the case of Marriage of Wilson & Bodine, (2012) 207 Cal. App. 4th 768, a child support order was previously set through a paternity case when the parties had a child together prior to marriage. The parties subsequently married. Therefore, the obligee (parent receiving child support) sought to enforce the years of unpaid child… READ MORE
Can Child Support Take Your Stocks? Generally, if a parent receives stock options as part of their compensation package with their company, then the Court may consider it income available for determining support. IRMO Cheriton, (2001) 92 Cal. App. 4th 269. The Court’s application of this holding varies significantly based on the circumstances of your case. Generally, there is a… READ MORE
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
Tips for Preparing for Different Family Law Cases: What should I do to prepare for filing for a divorce? Should I be doing something to prepare myself before filing for divorce? How do I prepare our children for a separation? What happens if my spouse and I own property together? How do I find out how much money my self-employed… READ MORE
When Is It Appropriate For A Court To Assign or Impute A Wage To A Parent Or Spouse For Purposes of Calculating Child Support Or Spousal Support? Anytime a family law case involves the issues of child or spousal support and one party either unemployed or underemployed (i.e. not working to their full potential), the Family Court has the option to… READ MORE