Archive for Support

CA Appellate Court caps bonus spousal support payment based on change of circumstances and reasonable expectations of parties.

Usually, a person who has been ordered to pay spousal support does not run to court seeking a reduction in support after she or he has just received a large raise — the risk being the court could order an increase in support because of the increase in…

So Long to Spousal Support?

A California resident is attempting to place a ballot initiative on the November 2016 ballot that would significantly alter (eliminate?) spousal support in California.  The proposed ballot initiative can be found here. Spousal support is governed by Family Code Section 4300 (et. seq.) and case law.  In short, “a…

Child Support

A child support order is just that – an order.  Once ordered, it is not optional.  However, $14.3 billion in child support remained unpaid in the United States in 2011. Child support in California is determined by a mathematical formula which is set forth at Family Code Section 4055 (the…

The Petition – Parts 7 (d), (e), (f)/(g), and (h); Part 8

The Petition breakdown wraps up today.  The Judicial Council updated the Petition and Response as of January 1, 2015.  The information contained in the pre- and post-updated forms are (for the most part) the same.   However, in seeking to complete the task at hand (a walk-through of…

Beware Social Media!

A recent Doonesbury cartoon should remind all family law parties to watch what they post to their Facebook page. While the comic focuses on potential adultery (not a specific ground for dissolution in California), Facebook and other social media posts can potentially impact support and custody/visitation decisions.  For…

More on Adult Child Support

On March 5, this blog referenced a New Jersery adult child support case and a California parent’s responsibility (or lack thereof) to pay for a child’s college education. As previously noted, parents are not responsible for their non-minor children unless the child is “incapacitated from earning a living…

Child Support – above guideline?

In Washington, DC, parents are in court disputing the appropriate amount of child support to be paid for the parties’ two children.  It gets press (here at the Washington Post) because of the money involved (millions) and because the father, Peter Orszag, is a former Clinton and Obama administration…

(ALL!) NJ Parents Breathe a Sigh of Relief

New Jersey parents can sleep a little easier tonight knowing that one of their own won’t have to pay for their over-18-child-who-would-not-listen-yet sued-them-in-court-for-child-support youngster.  The full story is here. In California, both parents are responsible for the support of their minor children.  Fam. Code § 3900.  The duty to…

The Petition – Part 2 – Statistical Facts – Date of Separation

In Section 2 of the Petition, the Petitioner lists the Date of Marriage and the Date of Separation (“DOS”).  These dates are important and can impact spousal support and the division of community property.  Most people can agree on the Date of Marriage.  But what is the DOS?…

Sperm Donors – Beware!

A sperm donor in Kansas, who claims he waived his parental rights in a contract with the birth mother, was found to be the presumptive father of the child, and therefore ordered to pay child support.  In the Kansas case, the donor failed to “secure the services of…