Articles Posted in Spousal Support

checking stocksAs we’ve mentioned many times over on this blog, support (both child support and spousal support) can be very complicated in California. In some instances, the relevant statutes provide the Court with vast discretion that needs to be clarified in subsequent court cases. One of those Court cases is the Pearlstein case which deals with the determination of income resulting from capital gains.

In Pearlstein, Husband sold a substantial amount of shares in a business. In consideration for the sale of his shares, Husband received shares of another business and cash. What Husband ended up doing with the stock and cash he received from the sale is the key to the case: he did not sell the shares and he reinvested the cash.

Continue reading

Child support in California can beregulations-rules-represents-protocol-guidance-and-regulated very complicated and the changed circumstances rule is one of the reasons why. The changed circumstances rule requires a court to deny a request to modify child support if the court determines that there was no material change in circumstances since the time the last child support order was made.

First, let’s go over some basics. California, like every other state, is required to have a Guideline formula to determine what the proper amount of support should be. The Court is required to follow the Guideline, absent a few very narrowly construed exceptions (See Family Code section 4059). If a child support order is determined to be “above Guideline,” i.e. more than what the formula would provide, that child support order cannot be subsequently changed unless there has been a material change of circumstances. However, if a child support order is determined to be “below guideline,” no change of circumstances is required to increase that order to a Guideline order. Continue reading

Bifurcation is an often underutilized procedure in civil cases (including family law cases) that, if used correctly, can significantly reduce the attorney fees and costs necessary to bring a case to a conclusion and can significantly increase the prospect of settlement.family-law-shows-blood-relative-and-court

So what is bifurcation exactly? In the process of bifurcation, the Court, usually on the motion of one of the parties, agrees to hear a trial on just one part of a case. Often times there are difficult issues, that once resolved, simplify the rest of the case. Continue reading

Time MarriageWe have written several blogs about the date of separation and its importance to a dissolution action. In some cases, the date of separation can be the most critical issue in a case. The reason is the date of separation can be a significant factor in determining how long spousal support will last , or whether a particular piece of property is separate or community. If you Google “date of separation,” your web browser will retrieve dozens, if not hundreds, of articles on this topic.

Continue reading

The question of a party’s income available for support has been the scourge of many attorneys and forensic accountants for a long time. It is a difficult and evolving issue, with new cases coming out honing and refining the interpretation of Family Code section 4058. Below, we take a look at a few common topics that are raised in child and spousal support cases.file0002132358706

Inheritances

If one party gets a seven figure inheritance from Great Aunt Birgit, is that income available for support? This was the question raised in County of Kern v. Castle. The Court determined that inheritances are not income available for the purposes of child support. Continue reading

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.

Continue reading

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

Continue reading

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?

Continue reading