Articles by category: Child Support

Child Support

Is free or reduced Rent included in Child and Spousal Support Orders?

By Marcus Morales on Aug 21, 2018 in Child Support

Free or reduced rent is only income for support purposes when it is a benefit of employment.

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Unallocated Child Support Orders- What Happens When One Child Turns 18, But My Support Order Does Not Specify I Can Pay Less?

By Marcus Morales on Apr 12, 2018 in Child Support

When you have three kids, all subject to one child support order, and one of them goes off to the college and is 18 years old, how much do you have to pay?

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Can You Ask For Modification of Child Support If You Are In Contempt For Not Paying Child Support?

By Marcus Morales on Mar 13, 2018 in Child Support, Articles, Child Custody

There is some case that supports the position that if you are found guilty of contempt for failure to pay child support, you may not request the court modify that same child support order.

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Custody: Move Away Cases Santa Barbara

By Marcus Morales on Mar 13, 2018 in Child Support, Articles, Child Custody , Divorce, Legal Separation

The IRMO LaMusga court stated, “we conclude that just as a custodial parent does not have to establish that a planned move is “necessary,” neither does the noncustodial parent have to establish that a change of custody is “essential” to prevent detriment to the children from the planned move.

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Think your spouse could earn more? Ask for a Vocational Exam

By Marcus Morales on Mar 13, 2018 in Child Support, Articles, Business Valuation, Divorce, Legal Separation, Spousal Support

When child or spousal support is at issue, one party may voluntarily make less money to lower the support payment, or not work so you have to pay more in support. Family Code Section 4331 provides a solution, a Vocational Examination.

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Bonus pay, Overtime pay, Child and Spousal Support Order

By Marcus Morales on Mar 13, 2018 in Child Support, Articles, Business Valuation, Divorce, Spousal Support

Is bonus or overtime pay considered in a child or spousal support order? Typically, the court will consider all income from any source derived. But, if bonus and overtime income fluctuates, the court may impose what’s know as a Smith-Ostler order.

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Interest On Family Law Judgments

By Marcus Morales on Mar 13, 2018 in Child Support, Articles, Business Valuation, Child Custody , Divorce, Legal Separation, Spousal Support

If your family law judgment does not have an interest on late payment clause, can you collect interest? “Part of a judgment of dissolution which awards money in lieu of an in-kind division of non-monetary community property is a money judgment on which interest accrues from the date of its entry.”

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In Re Marriage of Olson Changes Procedure For Seeking Modification of Child Custody and Child Support After Default

By Marcus Morales on Mar 13, 2018 in Child Support, Articles, Child Custody , Divorce, Legal Separation, Spousal Support

The Second District Court of Appeal recently held that a mother seeking a modification of child custody and child support, after she defaulted and did not file a response to the divorce action and judgment was entered against her, had standing to seek the modification. This is in contrast to prior cases which ruled the default precluded standing to the defaulted party.

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Tax Dependency Exemption in California Divorce

By Marcus Morales on Mar 01, 2018 in Child Support, Articles, Child Custody , Spousal Support

Who gets to the claim the tax dependency exemption in California during a divorce case? The parent with whom the child resided with for the longest period of time during the taxable year gets the exemption.

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Bitcoin and Divorce - Cryptocurrency Is the New Frontier For Divorce Cases, And Some Lawyers Are Crypto Ignorant

By Marcus Morales on Feb 13, 2018 in Child Support, Articles, Business Valuation, Divorce, Featured Articles, Prenuptial Agreements, Property Division, Spousal Support

When looking over bank statements and financial records the past couple of years in California divorce cases, we have noticed a couple of key words popping up in regards to cryptocurrency which signals red flags. One term is "coinbase". Coinbase is a digital exchange and wallet where cryptocurrency can be stored, purchased, sold and received. Think of coinbase like an online bank for cryptocurrencies.

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