Here is an interesting point, seemingly contrary to the general rules that once a party is remarried, the ex-spouse no longer has a spousal support obligation. These parties were married in June 20091 and separated February 2006. In 2007, the … Read More
Spousal Support
“Bonus” Income and Ostler & Smith Awards: Best Practices For How to Ensure Fair Support Awards
An issue that frequently comes up in divorce proceedings is how to account for seasonal fluctuations in income or commission and bonuses when calculating proper spousal and child support awards. Spousal support is taxable for the payee and deductible for … Read More
The Case of The Plumbing vs. The Embezzler
The Doctrine of Collateral Estoppel This is one of the more interesting cases I had. The Plumber was the husband who was my client. The Embezzler was his wife Although she had embezzled close to a million dollars, and some … Read More
WATTS/EPSTEIN CREDITS: Reimbursement to One Spouse using Separate Property Earnings After Separation to pay pre-existing community debts.
Watts-Epstein Credits is so namd after the two appellate cases that defined the general rule that courts must reimburse one spouse who is using earnings or other separate property fund after separation to pay pre-existing community estate obligations. Let’s say … Read More
What is Mediation?
Mediation & Collaborative Divorce: A way that parties can resolve their own dispute without going to court. In mediation, a neutral third party (the mediator) meets with the opposing sides to help them find a mutually satisfactory solution. Unlike a … Read More
The Case of the Felonious Wife: Because she did not use Community Assets in committing her crimes, she was still entitled to spousal support.
In re the Marriage of Schu (Court of Appeal, Division.6, California. 2d Civil No. B251636,) The Schus were married 23 years before they divorced. Genise was convicted of unlawful sexual conduct with a minor and sentenced to six years in prison. … Read More
Why the Date of Separation is Important
In re the Marriage of Baragry – 73 Cal. App. 3d 444 (Cal. Ct. App. 1977) The wife appealed a portion of the interlocutory judgment of dissolution, which fixed the date of the separate as 8/4/71, the date the husband moved from the … Read More
Attorney Fees in California
Attorney Fees in CA, or “How Much Will This Cost”? The California Family Code directs trial courts to award attorney fees in a number of family law settings, including marital dissolutions, legal separations, support applications, domestic violence proceedings, paternity actions, … Read More
Can I get Spousal Support?
ALIMONY comes from the Latin word “alimonia” meaning a stipend of means of sustenance. Alimony is called “Spousal Support” in California, a nod to the higher number of working women who have larger incomes than their husbands. Most states now … Read More