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Articles Posted in Post-Judgment Modification

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CHILD SUPPORT – IF IT IS FOR OUR CHILD, WHY IS THE PAYMENT GOING TO THE OTHER PARENT?

Family law courts across the nation adhere to “guidelines” and a statutory formula in determining appropriate child support awards.  In actuality, the “guidelines” provide mandatory requirements intended to create uniformity in the calculations of child support that are presumed correct. The guidelines take into account the general principles that (1)…

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Divorce Insurance

A new product has just come on the market that may have piqued your interest if you are going through a divorce: Divorce Insurance. That’s right, you read correctly, divorce insurance actually exists! A man named Richard Zizian, a legal educator and holder of a California Juris Doctorate (not a…

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Spousal Support Termination Under Family Code 4322

Termination of spousal support jurisdiction is always a highly contested issue.  The party paying support wants spousal support terminated as soon as possible, and the party receiving support would prefer support be paid forever. Which party will get what they want will depend on the facts of the case. At…

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WE WANT YOU…to Understand Military Divorce and Custody

San Diego is home to the nation’s largest concentration of military personnel. San Diego’s seven military bases serve the approximately 100,000 active duty service men and woman and their families (the total rises to 175,000 when dependents are taken into account.)  In addition, San Diego is home to 60% of…

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What is a ‘Jackson Credit’ ?

If you are a frequent reader of this blog, you know that child custody and visitation are fluid orders as that often change with the needs of the child.  This makes a lot of sense because a 3 year-old  is very different from a 16 year-old and will therefore have…

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Can The Changed Circumstances Rule in Child Support Be Suspended by Agreement?

Child support in California can be 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…

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Changing Jobs When There is a Support Order

If you’re a big fan of the “Simpson’s” you may have heard that Harry Shearer, the voice of several of the shows iconic characters, is leaving the show. When a big star makes a movie or a star leaves a television show it usually makes the news, but people retire,…

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Upward Modification of Spousal Support Post-Judgment

Spousal support is a hot topic in divorce not only during the divorce process but also after the parties’ divorce judgment has been processed and finalized. We often meet with clients who are currently paying spousal support pursuant to court order and, based on a substantial change in circumstances, would…

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Modifying Spousal Support Post Judgment – Payor Spouse

Post judgment motions to modify support orders can be tricky. Less so with child support orders; which are often as easy as putting numbers in a program (income, child sharing percentage, statutory deductions, etc) and pressing the return button. However modifying permanent spousal support is another story.In order to justify…

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