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Recent Posts in Child Support Category

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Do I Need to Disclose My Bonus to My Wife if a Divorce Is Pending?

Is There An Obligation to Tell My Husband About the Year-End Bonus I Am About to Receive? This is a tough topic, because if you've found yourself here it is because you are struggling with your ...
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Ex-Wife Claims I Owe Her Past Child and Spousal Support, When I Paid Her in Full!

Q. My ex-wife filed a motion claiming I owe her $75,000, plus interest, for child and spousal support that I paid years ago. Our kids are grown and married. She remarried six years ago. I've moved ...
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Marriage of Wilson - Trial Court May Refuse to Enforce Child Support Orders Where Minor Living With Grandparents!

California Courts Can Consider Equitable (Fairness) Arguments and Refuse to Enforce Child Support Orders In Favor of a Parent When The Children Were Living with Grandparents! In re Marriage of Wilson ...
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Fire Captain Has Fluctuating Income Where Fire Season Pays Higher Wages, But Court is Averaging OT Into His Yearly Income.

Q. My son who is a fire captain is going through a divorce/custody dispute. The problem is that during the summer months/fire season he works overtime. June-Sept. However, does not work significant ...
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Magnitude 8.1 Earthquake Rocks California Laws Governing Date of Separation - Meet Marriage of Davis!

California Divorce Laws Rocked by Seismic Shift In Defining Date of Separation ! Marriage of Davis (7/20/15) [Click to Read] By T.W. Arnold III, CFLS In what is possibly its most shocking family law ...
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Are SUPPORT Orders SUSPENDED If Spouses RECONCILE and Resume Living Together?

Q. Last year I filed for divorce after my wife moved out with our twin daughters. My wife got orders for child support for our twins, and spousal support. We've decided to try marital counseling, ...
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We've Updated Our Sample 'STATEMENT OF DECISION' California Family Law Portal With Most of these Forms You'll Need!

Sample and Exemplar Statements of Decision in California Dissolution and Non-Marital Family Law Cases We've just uploaded six new templates for tentative rulings and sample statements of decision ...
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Announcing Our New SAMPLE Attorneys' Divorce and Family Law Library!

New: Sample and Exemplar Forms For Drafting Pleadings and Discovery in Marital Dissolution and Family Law Cases in January, 2014 we began cobbling together a form library containing selected pleadings ...
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How Do I Get My Ex's Tax Returns?

POST-JUDGMENT DISCOVERY IN DIVORCE OR CHILD SUPPORT CASES CA Family Code Section 3665 How Do I Get My Ex-Spouse's Yearly Tax Returns? Family Code section 3665 is typically applied in situations ...
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Is It Possible to Appear In My FAMILY LAW or DIVORCE Case by Phone?

Q. I have an upcoming hearing in my family law case. Can I appear by telephone or must I be physically present in the courtroom? A. There is authority for telephonic appearances in California family ...
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How Should BONUS INCOME Be Treated for Child and Spousal Support Purposes In California?

"Bonus" Income and Ostler & Smith Awards: Best Practices For How to Ensure Fair Child and Spousal Support Awards It is not uncommon for parties to divorce or custody proceedings to be ...
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How To COLLECT On Family Court ORDERS For Support or Money Judgments In Property Division!

Enforcing California Family Court Orders and Awards for Money One of the most effective ways to end the misery of high-conflict divorce with a recalcitrant spouse or co-parent is to enforce the money ...
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WEBCAM Divorce and (SECOND OPINION) Family Law Consults!

Second Opinion Family Law Consults You have found this website because you have questions about a system of rules that is alien and certain to dramatically change the landscape of your life, ...
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What Should a PRODUCTION DEMAND Request for SUPPORT Purposes? (Part 1)

Q. I am representing myself in my divorce. My husband is self-employed. I know he earns more than he claims. We have two children, and I haven't worked in seven years. I feel so stupid now, but I ...
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How Can I SET ASIDE a SUPPORT ORDER?

Q. A child support order was entered against me without my knowledge, approximately 8 months ago, when my ex-girlfriend filed a motion but never served me with it? It is more than I should have been ...
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IRMO FREITAS: Limitations On Retroactive Support Modifications

Modification of Temporary Support Orders Revisited by Mark D. Gershenson, Esq. You may recall that last year in In re Marriage of Gruen (2011)191 Cal.App.4th 627, we were reminded that temporary child ...
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Do California Courts "ADD BACK" DEPRECIATION In Determining Child and Spousal Support?

Q. How do California Family Courts deal with depreciation in setting child and spousal support? Does depreciation reduce the paying spouse's income available for support and so lessen the amount ...
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How To COLLECT ARREARS For CHILD and SPOUSAL SUPPORT?

Q. I am owed past due support from my ex. How should I proceed to collect this? A. There are several strategies you can employ, including a contempt citation (which can be problematic, expensive and ...
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FORM 8332 NOW MANDATORY TO CLAIM DEPENDENCY EXEMPTIONS

Form 8332 Must Be Submitted With Your Return If A Noncustodial Parent Wishes to Receive the Dependency Exemption for a Child There has been an important 2011 change in IRS policies with regard to the ...
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DEVIATING From "Guideline" (Presumptively Correct) CHILD SUPPORT in HIGH EARNER Cases

Special Circumstances in Child Support Cases Involving an Extraordinarily High Earners Actor Jon Cryer, one of the stars of the series "Two and a Half Men", was recently rebuffed by the ...
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Recovering UNINSURED HEALTH COSTS as Additional CHILD SUPPORT

Q. The judge is my case recently refused my request that my ex reimburse me for uninsured health costs for our two children that have run up over the past two years. Is this right? J.M., La Quinta, ...
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Pointers for Dealing With FAMILY COURT JUDGES (Difficult and Otherwise) - What Every Lawyer and PRO PER Should Know!

Working with Family Court Judges I recently attended this year's annual AFCC (Association of Family and Conciliation Courts) Conference in Orlando. Two Canadian jurists put on a workshop entitled ...
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TAX TIME Advice for SEPARATED COUPLES About JOINT TAX RETURNS

Q. I'm separated from my ex-husband, and we are in the process of a divorce. He has asked me to file jointly on a 2010 return, and I am wondering if this is a good idea. Any suggestions? Trudy, ...
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Must I Submit My TAX RETURNS to the COURT or to the OTHER PARTY?

Q. I have a hearing coming up involving my ex-wife's request to modify spousal and child support. I've received a letter from her attorney demanding I bring my 2010 tax returns to court. I ...
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IS LEGISLATION NEEDED To Redefine "GROSS INCOME" Under Family Code Section 4085?

Q. I have a question about proposing legislation to fill a loophole in the Family Code section 4058 definition of gross income, as it relates to net ERISA disability benefits. Under Family Code ...
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