Articles Posted in Post-Judgment Modification

original_1668472411-300x183The  COVID-19 pandemic has disrupted all American’s lives and created a trickle-down effect upsetting aspects of our lives many did not originally anticipate.  Federal and State governments have blown the metaphorical whistle signaling the changing of tides and ordering the closure of stores, schools, government offices, and generally life as we have known it.

The Department of Labor reported over 6.65 million Americans filed for unemployment insurance last week.  In California alone, almost one million claims were filed in the last two weeks.

Of the myriad of people facing loss of employment amid the pandemic, some will be fortunate enough to receive severance packages as they make their exit.  Whether this feels fortunate or not will likely depend upon the following information regarding how severance pay is handled by the Court for support purposes. Continue reading

shutterstock_1643390734

The global spread of COVID-19 (a.k.a Corona Virus) is affecting millions and has been deemed by the United States government a national pandemic.  Both the Federal and California state governments are calling upon citizens to do their part in assisting with slowing the spread of this novel virus, which has given rise to sudden deviations from all of our normal routines.

As experienced Family Law attorneys, we anticipate the current state of affairs may be especially difficult for separated or divorced parents trying to navigate through these peculiar times.  The following are general guidelines, based on our experience, that we believe all co-parents should be cognizant of: Continue reading

Family law courts across the nation adhere to “guidelines” andshutterstock_755356498 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) a parent’s first and primary obligation is to support his or her minor child consistent with his or her own circumstances and “station in life” (“station in life” meaning the parents’ social standings, i.e. lifestyle, work status, economic circumstances, etc.); and (2) both parents are by law mutually responsible for the support of their child. Continue reading

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 licensed or practicing attorney), has collaborated with Great American Insurance Group to develop a new program called Marital Settlement Agreement Insurance, or “MSAI.” Zizian, after going through a divorce himself, understood the emotional toll that a divorce can take. An emotional toll which, he states, makes one more susceptible to be laid off from employment. Continue reading

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 the outset I want to explain what we mean by “terminating spousal support jurisdiction”  What we are actually saying is the point at which the Court decides no spousal support will ever be due from one party to the other.  It is the final decision that spousal support is no longer necessary.

There are different reasons why a Court might terminate spousal support, but for the purpose of this blog we are looking at the Court’s authority to terminate spousal support jurisdiction pursuant to Family Code §4322. Continue reading

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 the ships in the fleet of the U.S. Navy, and 1/3 of the active duty force of the U.S. Marine Corps.  In fact, the military and its spending in the region accounted for 26% of the jobs in San Diego in 2011.  None of this accounts for the more than 250,000 veterans who call San Diego home.  With that in mind, it should come as no surprise that San Diego family law attorneys handle many military dissolution actions.

For the most part, military divorce is very much like any other divorce.  The issues, such as child custody, child and spousal support, property division are the same as any other family law case.  However there are aspects of military divorce that are unique to service men and women.  In this blog, I will discuss some issues military members confront concerning child custody and visitation. Continue reading

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 a very different child sharing schedule.  Also as a frequent reader, you know that a change in the time sharing percentage of the children often justifies a change in the child support orders.  Small changes in the time share percentage are unlikely to make a big impact. Big changes in guideline child support require major shifts in the child sharing percentage.  Continue reading

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 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

As one Court appropriately put it, granting a parent’s request to move out of the county “is one of the most serious decisions a family law court is required to make.” The ramifications of the decision will undoubtedly affect both parents involved and their children for the rest of their lives. The law on California move-aways is not simple. In this blog post, we will discuss a few myths about move-aways in California.

Continue reading

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, change jobs, or are laid off on a daily basis. What do you do if you are involved in a Family Law proceeding and your income changes?

A change in your career can have far reaching effects on many aspects of your Family Law case, but it most immediately applicable to both child and spousal support orders. If there is a current order in place, it should tell you the protocol for informing your spouse of a change in your financial circumstances, but just informing your spouse may not protect you if your ability to pay your support award is compromised. Conversely, if you are receiving support and your ex-spouses income increases you may not be entitled to the increase solely because you are informed of the change.

Even when a change in income occurs, the court can usually only enforce the current order it has on file. Therefore, whether you need to reap the benefit of increased income or reduce the burden of an order you can no longer afford, you need to file the request with the court to modify your support to match your current financial circumstances. The court will then make a ruling in keeping with you and your ex spouse’s current financial situation.

Of course financial issues always become complex if one party is self-employed and/or owns a business, and it may require a more in depth analysis. Bickford Blado & Botros are experienced in representing clients in all aspects of any financial issues that come before the Family Court and we are experienced in dealing with the complexity of self-employed parties and business owners.
Continue reading