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Yearly Archives: 2014

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2014
Nov 13

How Do Courts Determine the Date of Separation?

The date of separation is a pivotal question that either the parties must agree to or have the court make a determination.…

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Nov 09

How Much Does Divorce Cost?

This is a commonly asked question in all consultations with the attorney – How much does divorce cost?. Unfortunately, this question can not be…

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Oct 19

Effect of Rent Free Housing On Child Support.

The impact of a parent’s mortgage-free or rent-free housing on his or her living expenses and resources may warrant a special circumstances…

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Oct 18

Imputed Income For Child Support

In line with a substantial body of case law on the subject, Fam.C. § 4058 vests trial courts with discretion to consider a parent’s earning…

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Oct 18

Fluctuating or Seasonal Income

To arrive at “monthly net disposable income,” the annual net disposable income figure (above) is normally divided by 12. [Fam.C. § 4060; Marriage of…

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Oct 18

Are Recurring Gifts Treated As Income?

One-Time Gifts Are Not Usually Treated As Income for Child Support By analogy to tax law, which excludes gifts and inheritances from…

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Oct 14

Custodial Timeshare: Daycare & School

There are many factors that the court can consider in making a timeshare determination. A parent’s custodial timeshare percentage can include the time the…

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Oct 14

A Parent Quits Work To Take Care of New Family?

What Does the Court Do When a Spouse Quits Work and Relies On an Affluent New Spouse? The fact a parent intentionally remains…

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Oct 12

What Happened to Proposition 8?

Prior to the U.S. Supreme Court decision in Hollingsworth v. Perry, the California Constitution, as amended by “Proposition 8” (eff. 11/5/08), limited a…

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Oct 12

Does My New Spouse’s Income Matter In Child Support Calculation?

NO. New spouse income “ shall not” be considered in fixing child support except in specified extraordinary circumstances. [Fam.C. § 4057.5(a) & (b)] In fact,…

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Oct 12

Can the Other Parent and I Agree to a Child Support Amount?

The issue here is whether the agreement is above or below guideline. However, generally the court will not stand in the way…

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Oct 11

How Long Do I Have to Pay Child Support?

You will have to pay child support until the child is 18 or graduates from high school. Absent agreement by the parents (Fam.C. §…

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