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Recent Posts in Temporary 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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How Oppose Illegal Video or Audio Recordings in DV and Other Family Law Proceedings?

What to Do With Illegally Obtained Recordings in Domestic Violence and Other Family Law Situations Over the years I've seen a lot of attempted over-reaches by parties to family law cases. One is ...
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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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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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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 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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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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Do I Get a Spousal Support Deduction for Payments Made on the Residence Owned With My Wife?

Q. If I pay make the mortgage payments on our family home, which my husband occupies, as part of our agreement for spousal support, is this tax deductible? Fred in La Quinta, CA. Greetings Fred. ...
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My Wife and I Are Separated. Is Voluntary Spousal Support TAX DEDUCTIBLE?

Q. My wife and I separated in February, 2012. It is tax time and I am wondering if the money I've been giving her is tax deductible. We haven't filed for divorce or legal separation. A. I seem ...
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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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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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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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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 ...
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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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Overcoming the PRESUMPTION Against SPOUSAL SUPPORT in DOMESTIC VIOLENCE Cases

Q. My wife obtained domestic violence restraining orders against me. I was not guilty of what she claimed I did, but the judge said that all he needed was a 'preponderance of the evidence' to ...
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