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Recent Posts in Spousal Support Category

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Michael C. Peterson Named As a 2017 Super Lawyers "Rising Star"!!!

Michael C. Peterson, CFLS, Named As a 2017 Super Lawyers™ Rising Star! I am so pleased and proud to announce that Michael Peterson has received the honor of being named as a Thomson Reuters ...
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Can Supported Retired Spouse Be Forced to Fund Own Support or Resume Working After Age 65 | Marriage of McLain

Extending Marriage of Reynolds, Senior Citizens Facing Divorce Cannot Be Forced to Quit Retirement to Fund Their Self-Support The California Fourth Appellate District, Division Two, which includes ...
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Denial of Spousal Support Extended to Include DV Perpetrated Against Child

Expanding Spousal Support Denial In Cases of Domestic Violence - Meet IRMO Gomez and Shue : No Alimony to Abusive Parents! What Might This Mean for You? While the language of Section 4320(i) of the ...
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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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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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The Date of Separation Wars Continue - Will New Family Code Section 70 Abrogate Marriage of Davis?

The Uncertain Landscape of Date of Separation in California Divorce - New Family Code Section 70 My colleague, attorney David C. Stone of Anaheim, recently brought to my attention Senate Bill 1255 ...
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Discreet California DIVORCE ANALYSIS Consults for Mediators and Out-of-State Attorneys

California Family Law Consults for Lawyers and Non-Lawyer Mediators I have for a number of years made myself available to provide detailed second legal opinions involving a wide range of California ...
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Are My Attorney Fees Paid In Connection With Spousal Support Tax Deductible?

Q. I obtained orders for spousal support, which my husband objected to without success, in our pending dissolution. A friend told me that I am entitled to deduct all my attorney fees on my federal and ...
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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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What Is Our DATE OF SEPARATION? Maybe Whatever a Trial Court Says It is!

Q. My wife and I have continued to reside in the same household, although we each understood the marriage was over several years ago. We continued to live together for the kids, and to share expenses ...
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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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Avoiding Temporary SPOUSAL SUPPORT for DOMESTIC VIOLENCE

Q. My wife was arrested for domestic violence about seven years ago (two years before we married). She threatened me with a gun. Police were called and she was arrested. I didn't want to press charges ...
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Marriage of Facter: Best Practices for Drafting California Premarital Agreements Waiving or Limiting Spousal Support

Marriage of Facter : Appellate Court Clues About Unconscionability of Spousal Support (and Other) Waivers in Prenups at Time of Enforcement By TWA III The lawyers among you will know that California ...
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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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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 Is The "B-BUMP" In SPOUSAL SUPPORT Software Programs?

Q. I am in the process of settling my divorce with my ex-husband. Our only dispute is a fair amount of spousal support that I will receive. His attorney mentioned something he called the ...
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Pre-Marriage TIPS for MEN - Surviving DIVORCE Without A Prenup!

Q. What steps can I take to protect my assets from divorce? My fiance refuses to sign a premarital agreement. Can I be protected without a prenup? A. Let's face it - while many men consult a ...
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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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Is It Proper To Give A GAVRON WARNING Before the Final Judgment Is Entered?

Q. Is it proper for the Family Court to give a domestic partner a Gavron Warning when I am receiving temporary partner support and we haven't divided our assets so that no final judgment has been ...
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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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What Does the Term "Marital Standard of Living (MSL)" Mean?

Q. What is meant by the words "marital standard of living" in dissolution actions? In California lawyers in high earner dissolution cases often speak of Marital Standard of Living (MSOL or ...
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