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Articles

Santa Barbara Divorce Law- What To Do When Your Spouse Files For Divorce

By Marcus Morales on Jul 23, 2018 in Divorce

Upon being served with a divorce summons and petition, certain automatic restraining orders immediatley are effective. You should contact a Santa Barbara Divorce Lawyer immediatley to review your rights and obligations. (805) 845-5405.

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Santa Barbara Divorce Law- Reply Brief

By Marcus Morales on Jul 23, 2018 in Divorce

“The general rule of motion practice, which applies here, is that new evidence is not permitted with reply( papers.” Jay v. Mahaffey, 218 Cal.App.4th 1522, 1537 (2013). Declarations submitted with a reply should not address the substantive issues in the first instance but should only fill gaps in the evidence created by the opposition. Id at 1538.

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2018 Tax Law Changes Tax Deductibility of Spousal Support

2018 Tax Law Changes Tax Deductibility of Spousal Support
By Marcus Morales on Apr 19, 2018 in Spousal Support

Starting January 1, 2019, spousal support paid will no longer be tax deductible by the payor and included in the recipient's taxable income, for federal tax purposes.

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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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Child Support Possibly Not Payable When Child Is Not Living With Custodial Parent

By Marcus Morales on Apr 12, 2018 in Child Support

There are two cases, Jackson and Wilson, which could lead to a person not paying child support if the child is not living with the receiver of child support.

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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 Articles, Child Custody , Child Support

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 Articles, Child Custody , Child Support, 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 Articles, Business Valuation, Child Support, 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 Articles, Business Valuation, Child Support, 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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New Bill In State Legislature Looks To Change Age Requirements For Children With A Custodial Preference

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

Currently, California Family Code Section 3042 states that if a child is 14 years of age or older and wishes to address the court regarding custody or visitation, the child shall permitted to do so, unless the court determines that doing so is not in the child’s best interest.

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