Articles Posted in Spousal Support

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Lawyers love to make jokes about how bad we are at math.  Often those jokes include statements like, “if I were good at math I would have become an engineer” or if “I was good at math and science I would be a doctor not a lawyer.” Nobody likes lawyer jokes more than lawyers, but these statements are not universally true.  There are many lawyers who are good at math.  In fact at the Law Office of Nancy J. Bickford, we have the only certified family law specialist in San Diego County who is also a licensed Certified Public Accountant with a Master of Business Administration.  Having an attorney with a strong math and accounting background helps to spot and analyzes issues, but it is in no way a substitute for a financial expert.  When it comes to financial matters, there is no substitute for a qualified financial expert.

In family law, there are many reasons you may decide to use an expert.  Similarly, there are just as many different types of experts you can hire.  You might need an expert to value your family home or a business.  You might need an expert to decide a party’s income, or what custody schedule is best for your kids.  Whatever the reason might be, you need to decide first what class of expert you want.  This blog will address the three “classes” of experts we see in family law. Continue reading

insurance-message-represents-send-communication-and-financialA 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

pexels-photo-170894Yes, even Spice Girls get divorced just like any one of us. In March 2017, former Spice Girl Mel B, perhaps better known as “Scary Spice” or as a current judge on America’s Got Talent, filed for divorce from her husband of 10 years, Stephen Belafonte.

Mel B, worth a reported $60 million, filed for divorce in a Los Angeles Superior Court after she and Belafonte separated in December 2016. While Mel B’s nickname might have been “Scary,” it seems as though her marriage to Belafonte was in fact scary, as she filed for a restraining order against him shortly after filing for divorce. It appears that she had been covering up injuries from abuse from Belafonte for years. And, while Mel B’s petition reportedly requests joint custody of the couple’s daughter, it also requests that the Court to deny spousal support to Belafonte. Continue reading

writing-check-1239553It is no secret that getting a divorce can be pricey. While there is almost no way to estimate exactly how much any particular divorce will cost to finalize, there are some fees that will be present in any divorce case. In this blog we will break down some of the fees charged by the Superior Court in a divorce or family law matter. Continue reading

Tracey Hejailan-Amon’s husband Maurice Amon filed for divorce in Monaco in October of 2015. Tracey then filed for divorce in New York. About a year and a half later, the parties are still arguing over which court has jurisdiction over their divorce. Why? Because Monaco’s divorce law allows spouses to take back gifts that were given while married. It appears that New York law, on the other hand, provides that gifts stay with the receiving spouse even after divorce. And the Amon’s divorce is not your typical one. The “gifts” that the parties are fighting over amount to about $70 million dollars!! Continue reading

 

Family Cquestions-answers-indicates-questioning-asked-and-assistance-300x243ode section 3580 et seq. provides that spouses may enter into agreements regarding support upon separation. In Pendleton and Fireman, our Supreme Court held that parties could agree to limit or waive spousal support in premarital agreements. What about the time in between? Can married spouses who have not yet separated enter into enforceable agreements to limit or waive spousal support?

Although the answer to this question has not been definitively settled by our appellate courts, there is a strong argument to be made that married couples who have not yet separated cannot agree to limit or waive spousal support. Continue reading

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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

file7411252893790-300x200San 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 and spousal support. Continue reading

It is generally understood, among family law attorneys, that Family Code section 2640 is one of the most cited statutes in California Family Law. Family Code section 2640 deals with separate property contributions to the acquisition of community property. However, Family Code section 2641 can be just as important if the community made substantial contributiodoctor-job-shows-general-practitioner-and-md-300x298ns to the education of one spouse.

Many states handle marital contributions to the education of a spouse in different ways. In some states, a spouse can actually be said to acquire an interest in the other’s spouse’s education and profession. California takes a decidedly different approach. Under California law, the extent to which a spouse can seek reimbursement for contributions made to other spouse’s education are explicitly limited by statute to Family Code section 2641.

Having said this, let’s take a look at the statute. Continue reading

It’s no secret that many divorces can be difficult and contentious (although they certainly don’t have to be). Between the raw feelings from splitting up, disagreements regarding how to deal with the children, and the inability to reach agreements regarding spousal support and property, things can be difficult. One case in particular, Sagonowsky v. Kekoa, illustrates what happens when a contentious case totally goes off the rails.arguing-characters-shows-relationship-disagreement-discussion-or-300x225

The appeals court, in somewhat of an understatement, called the underlying proceedings a “lengthy and acrimonious battle.” Here are just some of the ways this case was acrimonious: Continue reading