Articles Posted in Spousal Support

The rules of evidence can be challenging. Understanding it is a skill that must be honed and refined, which is what we try to do at the Law Offices of Nancy J. Bickford. In this blog, we will discuss two of the most important evidentiary privileges and their importance in family law cases: the physician-patient privilege and the psychotherapist-patient privilege.medical-record

Statements made from an adult to their treating physicians/psychotherapists are absolutely protected from privilege, unless the issue is tendered or waived. Continue reading

unemploymentByron Scott, former coach of the L.A. Lakers, has filed for a modification of spousal support following his newfound unemployment after being fired from the Lakers in April. Byron was married to his college sweetheart, Anita Scott for 29 years. He filed for divorce in 2014, right before he signed his contract with the Lakers; a $17 million contract at that.

At that time, Byron’s income averaged $300,000 per month and he was ordered to pay $26,000 per month in spousal support to Anita. Now, his only income is $50,000 per month, as deferred compensation from his time with the Cleveland Cavaliers. Because it is deferred compensation for work that he did while he was married, that income is community property, and ½ of it belongs to Anita under California law.

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Family Law gavelIn family law we spend a good deal of time talking about court orders.  There are orders for child support, orders for spousal support, custody orders, and orders for the payment of attorney fees.  Getting more specific, all of the aforementioned orders can either be interim orders (also called temporary orders) or they can be final orders. The point of this blog is to discuss court orders in a family law context and to provide some basic understanding of how, why, and when they are made.  This is only a basic discussion of orders, a topic that can be very complex.  For this reason, you should speak with a qualified family law attorney about your specific case so you can be certain you fully understand your rights. Continue reading

Last year, we wrote a blog post on the blockbuster case of Marriage of Davis issued by the California Supreme Court. In that case, the Court resolved a split among the lower courts and held that it was impossible for spouses to be separated unless they were physically living separate and apart. The date of separation can be the most important issue in a given case. The date of separation determines the duration of spousal support and it determines the end of the community and the end of the creation of new community property.

In another words, this case was a big deal.seperated-by-wall-1166017

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You probably didn’t need to come to this web site to know that California has laws compelling parents to financially support their children. The reasons for this are obvious. When parents make the decision to procreate, they are financially responsible for that decision. I think we can all agree that the taxpayNana supporters shouldn’t have to foot the bill to support a child when one or both of that child’s parents can do so themselves. It should be no surprise then, that Family Code section 4053 holds that “a parent’s first and principal obligation is to support his or her minor children acceding to the parent’s circumstances and station in life” and that the “financial needs of the children should be met through private financial resources as much as possible.”

Did you know, however, that there is such thing as “parent support” in California too?

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As much as Johnny Depp has tried to keep the happenings of his divorce from Amber Heard under wraps, the media continues to report as their story unfolds. The latest headlines from Johnny and Amber’s divorce indicate that the parties have each set depositions of the other, which may or may not be postponed. Regarding the depositions, each of their attorneys have made varying allegations about the other party. It appears that although Amber showed up for a previously scheduled deposition date, Johnny’s attorneys were unable to take testimony from her because she was in the next room room crying, pacing, screaming, yelling, and laughing the entire time. Of course Amber’s lawyers say that this is completely false. Amber’s “people” also stated that it’s “highly unlikely that Johnny will appear and cooperate” for his upcoming deposition.

It is unlikely that when you think of the divorce process, you associate it with the taking of depositions. That is because depositions may not be as widely used in family as they are in other areas of law, but even so, depositions can be a valuable resource in a contested divorce matter. The following are some facts regarding depositions as they relate to divorce proceedings.


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mercedesFor years, Christina Estrada’s life read like a fairytale; former international supermodel fell in love with a billionaire Saudi Arabian sheikh, raising a daughter and sharing a mansion in the British countryside with an unlimited monthly budget to spend on whatever their hearts desired. She is quoted describing her married life as “magical.” Unfortunately, just as with most fairytales, the magic came to an end and reality set in when the sheikh obtained a divorce in 2014 in Saudi Arabia, under Islamic law, without Christina’s knowledge. And that was AFTER he had already married a 25-year-old Lebanese model, without Christina’s knowledge…and obviously while he was still married to her.

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One of the firsringing moneyt issues a new client will ask us about is support.  Whether it is child support, spousal support, or both, support is one of the most important issues in your family law case.  It’s easy to understand why.  During your marriage income and expenses are shared and over time you find a happy medium between the amount of money you have coming in and the amount of money you have going out to pay expenses.  After you separate, the income doesn’t change, but the expenses will often double.  That means two rent payments, two food bills, two utility payments…the list goes on.  If you and your spouse were just making ends meet before the separation, odds are it will be twice as difficult now that expenses have increased. Continue reading


“Race to the courthouse” is an informal name used to describe the rule in some jurisdictions that the first conveyance instrument, mortgage, lien or judgment to be filed with the appropriate recorder’s office, will have priority and prevail over documents filed subsequently, irrespective of the date of execution of the documents at issue.  In popular culture, being the party to file a lawsuit first is always portrayed as preferable.  But like most things on TV, they just don’t hold up in real life; except maybe in Hollywood. (Hollywood is hard to call “real life” in any case.)

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Time for Taxes

We are divorce attorneys, not tax experts, but marriage and finances are so intertwined that inevitably divorce and taxes do intersect. Each year as the IRS tax return filing deadline approaches, we are increasingly confronted by our clients with tax preparation questions. For specific tax inquiries, we advise that you consult a tax professional. However, we felt it may be useful to share a brief (non-exhaustive) list of some common points Continue reading