California Family Law Attorney
Recent Posts
Archives
225 South Civic Drive Suite 1-3 Palm Springs, CA 92262

Recent Posts in Support Modifications Category

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 ...
Continue reading "Can Supported Retired Spouse Be Forced to Fund Own Support or Resume Working After Age 65 | Marriage of McLain" »

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 ...
Continue reading "Fire Captain Has Fluctuating Income Where Fire Season Pays Higher Wages, But Court is Averaging OT Into His Yearly Income." »

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, ...
Continue reading "Are SUPPORT Orders SUSPENDED If Spouses RECONCILE and Resume Living Together?" »

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 ...
Continue reading "Announcing Our New SAMPLE Attorneys' Divorce and Family Law Library!" »

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 ...
Continue reading "How Should BONUS INCOME Be Treated for Child and Spousal Support Purposes In California?" »

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 ...
Continue reading "What Should a PRODUCTION DEMAND Request for SUPPORT Purposes? (Part 1)" »

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 ...
Continue reading "How Can I SET ASIDE a SUPPORT ORDER?" »

A Family Court Judge's Perspective On EFFECTIVE ADVOCACY

Here is an article that Indio Superior Court Judge Dale R. Wells wrote for publication in the Desert Bar Association's, Family Law Section, monthly newsletter (June, 2012, Vol. 6:12). His article ...
Continue reading "A Family Court Judge's Perspective On EFFECTIVE ADVOCACY" »

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 ...
Continue reading "Is It Proper To Give A GAVRON WARNING Before the Final Judgment Is Entered?" »

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 ...
Continue reading "Do California Courts "ADD BACK" DEPRECIATION In Determining Child and Spousal Support?" »

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 ...
Continue reading "How To COLLECT ARREARS For CHILD and SPOUSAL SUPPORT?" »

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 ...
Continue reading "What Does the Term "Marital Standard of Living (MSL)" Mean?" »

GAVRON WARNINGS and SPOUSAL Support - What Self-Represented Parties Should Know!

The Morrison Rule, Richmond Orders, and Gavron Warnings: What Self-Represented Parties Ought Know About Continuing Spousal Support Jurisdiction Current trends among separating couples and in ...
Continue reading "GAVRON WARNINGS and SPOUSAL Support - What Self-Represented Parties Should Know!" »

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 ...
Continue reading "DEVIATING From "Guideline" (Presumptively Correct) CHILD SUPPORT in HIGH EARNER Cases" »

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 ...
Continue reading "Pointers for Dealing With FAMILY COURT JUDGES (Difficult and Otherwise) - What Every Lawyer and PRO PER Should Know!" »

ELKINS and New FAMILY CODE SECTION 217: How It AFFECTS YOU!

Elkins and Live-Witness Testimony The most important new rule in decades affecting the experience of California Family Law litigants is set to be unleashed on January 1, 2011. It promises a radical ...
Continue reading "ELKINS and New FAMILY CODE SECTION 217: How It AFFECTS YOU!" »

What is a GAVRON WARNING and how does it affect my right to SPOUSAL SUPPORT?

Q. I was at our first court hearing last week requesting child and spousal support. My husband's attorney asked the judge to give me a "Gavron Warning". The judge said he would consider ...
Continue reading "What is a GAVRON WARNING and how does it affect my right to SPOUSAL SUPPORT?" »

What is FAMILY SUPPORT?

Q. My lawyer mentioned something called "family support" as a way to possibly get more money from my ex-husband for child and spousal support. What exactly is family support and does it ...
Continue reading "What is FAMILY SUPPORT?" »

How Do I Defend a Request by My (Former) Spouse to SET ASIDE our Support Orders?

Q. My former spouse claims that I lied on my Income and Expense Declaration and has filed a motion to set aside that order, seeking more money. How do I oppose this? A. This type of support ...
Continue reading "How Do I Defend a Request by My (Former) Spouse to SET ASIDE our Support Orders?" »

What Are My Rights When I Believe My Spouse Committed Fraud in Their Income & Expense Statement?

Q. What remedies do you have if you believe your spouse concealed income or lied about assets in their Income and Expense Declaration [Form FL-150]? What If He Lied to You and the Court In His Income ...
Continue reading "What Are My Rights When I Believe My Spouse Committed Fraud in Their Income & Expense Statement?" »

What is GUIDELINE SUPPORT in California?

Q. How is child support calculated in California? I have heard about "Guideline Support" but am wondering what this means? Robyn, "please don't mention my city", CA In 1993 ...
Continue reading "What is GUIDELINE SUPPORT in California?" »

I am remarried. How does my NEW MATE'S INCOME affect my SPOUSAL SUPPORT or CHILD SUPPORT OBLIGATION?

Q. I remarried in August, 2009, and my new wife is a doctor. She has one child from her prior marriage and I have two. I am still paying my former wife alimony and child support. We largely depend ...
Continue reading "I am remarried. How does my NEW MATE'S INCOME affect my SPOUSAL SUPPORT or CHILD SUPPORT OBLIGATION?" »

What is permanent SPOUSAL SUPPORT in California?

Q. What rights do I have to permanent spousal support? I live in Palm Desert, CA. Suzanne A. Permanent spousal support is not usually "permanent," although it can be in cases of very long ...
Continue reading "What is permanent SPOUSAL SUPPORT in California?" »