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San Diego Family Law Blog

When You Should File to Modify Spousal Support or Child Support

By Andy Cook |

Today is the first of November. You probably knew that because last night was Halloween. The first day of the month is important for many reasons, like paying bills. But in California family law cases, the first is particularly important when it comes to changing child support and spousal support orders. For child support,… Read More »

Trying to Lower or Terminate Spousal Support

By Andy Cook |

In order to reduce spousal support after a judgment, you must show the court that there has been a substantial change in circumstances since the last order was made regarding spousal support. It this showing is not made, the request will probably be denied. In fact, it must be denied. On the other hand,… Read More »

Husband is responsible for Wife’s Failure to Pay her Computer Bill

By Andy Cook |

Is your separate property responsible for your spouse’s debts? That was a question answered yesterday by the California Court of Appeal involving two attorneys who ended up getting divorced. The wife was an immigration attorney who leased computer equipment. She defaulted on her payment and the computer company got a judgment against her of… Read More »

Words Matter; Wife Loses Family Law Appeal

By Andy Cook |

What does a “bonus” mean? The answer to that question ended up costing a woman nearly $500,000.00 in spousal support. This issue arises from the case of Marriage of Minkin, a case decided recently by Division Three of the California Court of Appeal’s Fourth Appellate District. In 2004, Wife (“Patricia”) and Husband (“Robert”) agreed… Read More »

No Vocational Exam Allowed

By Andy Cook |

In a published decision, the California Court of Appeal has reversed a trial judge for ordering a vocational exam when there was no motion or RFO for support pending. Apparently, the court found that there was a lack of “good cause” pursuant to the code provision that allows for vocational exams. The case is… Read More »

Fighting Wife Loses Request for Restraining Order

By Andy Cook |

“She started it”! That’s something we might hear one sibling say about another one, but it’s also the argument that appears to have worked for a man in a California divorce case. In the case of Marriage of Grissom, the wife (“Valerie”) filed for divorce in San Diego and at the same time requested… Read More »

When Visitation is Supervised in California

By Andy Cook |

Last night, I was watching a television drama.  Indirectly, the show made reference to one or more characters having to have visitation with their children on a supervised basis.  That means a third party, usually a professional, shadows the parent and child to make sure the child is safe during the visitation and that… Read More »

Life, Death, Spousal Support, and Insurance

By Andy Cook |

If there’s one thing we know for sure about spousal support, also known as alimony, it’s that it ends with the death of either party. That’s why Family Code section 4360 exists. It provides that a court making a spousal support order “may include an amount sufficient to purchase an annuity for the supported spouse… Read More »

Unmarried Dad Has to Pay Child Support Even Though Mother is Supported by Platonic Friend

By Andy Cook |

California determines child support by an algebraic formula that looks at essentially four things: the payor’s income; the custodial parent’s income; the number of children; and the amount of time each parent spends with a child. But what if the custodial parent, who is usually the parent who receives child support, is not working… Read More »

Does Spousal Support Recipient Have to Work?

By Andy Cook |

How long does spousal support (i.e., alimony) last? That’s a question I get a lot. And the answer is it could be a long time, especially if the marriage has been for over ten years. The law in other places may be different, but in California, a marriage that has lasted over ten years… Read More »

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