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Posts Categorized: Spousal Support

RECENT DIVORCE AND FAMILY LAW CASES THAT OUR OFFICE HAS WORKED ON

Posted on June 29th, 2015

RECENT SUCCESSFUL OUTCOMES FOR W&F ATTORNEYS Located in Mission Valley – Free Parking – Free 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

Imputed Income for Child and Spousal Support Based on Expenses

Posted on December 30th, 2013

Determining Child & Spousal Support by Attributing Income Based upon Family Expenses In the recent unpublished case of In re Marriage of Farida, decided June 25, 2013, the California Court of Appeal held that it was not an abuse of the trial court’s broad discretion to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

Posted on September 10th, 2013

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:

Posted on March 12th, 2013

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

Does The Trial Court Have The Ability To Modify A Temporary Support Order Retroactively:

Posted on March 12th, 2013

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

Posted on February 25th, 2013

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

Posted on September 18th, 2012

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

Posted on January 16th, 2012

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

Posted on November 21st, 2010

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