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Month: November 2015

Divorce Mediation Keeps Your Private Life Private

on November 30, 2015Posted in Assets,Divorce Articles,Family Law,Mediation

One of the benefits of divorce mediation is that it is confidential, keeping your private family issues private. Where issues brought to court are recorded and available, everything said and worked on in mediation is protected and confidential. The California Evidence Code as well as a number of court cases ensure that mediation lets you… read more

Divorce Mediation Keeps Your Family Out of Court

on November 27, 2015Posted in Divorce Articles,Family Law,Mediation

Most people think that resolving family law issues requires a trip to court because they don’t know mediation is an option. Divorce mediation is private, collaborative, and keeps the outcome of your case in the hands of the people involved rather than a judge. Mediation uses shared knowledge and communication to resolve your family law… read more

Do We Have to Support Our Children Through College?

on November 25, 2015Posted in Child Support,Family Law

Many parents navigating through a divorce case are not just thinking about and planning their own futures, but also the futures of their children – specifically, parents want to see their children obtain higher education, but often disagree as to who should pay, how they should pay, if they should pay, and can they pay… read more

Did Grandma Alter Dad’s Income with her Gifts?

on November 24, 2015Posted in Assets,Child Support,Family Law,Spousal Support

When calculating California Guideline child support, the court may consider recurring gifts that a parent receives as income available to pay child support. At court hearings concerning child support, for most cases the judge will enter each parent’s income, deductions, and child sharing time into a computer program that is used to calculate the amount… read more

Motivation for Retirement Matters

on November 20, 2015Posted in Alimony,Family Law,Spousal Support

As we’ve seen in every other case, avoiding responsibility isn’t a necessary factor to impute income but it’s a very persuasive reason when it’s there.   In Sinks, we find that bad faith is enough to impute income even in a case where the the ex-husband, who was ordered to pay spousal support, retired rather than… read more

Imputed Income during Incarceration

on November 19, 2015Posted in Assets,Child Support,Divorce Articles,Family Law

In Re Marriage of Smith, 90 Cal.App.4th 74 (2001). If you’re willing to go to jail where you can’t work, your support will likely be set to zero. In Re Marriage of Smith gives us a decision on three cases where the court was asked to impute income to people while they were in prison…. read more

How Unemployable Can You Be?

on November 17, 2015Posted in Assets,Child Custody,Divorce Articles,Family Law

In re Marriage of Eggers, 131 Cal.App.4th 695 (2005). Eggers tells that the court has to follow the ability and opportunity analysis before imputing income even when someone loses their job for misconduct. Thomas Eggers was terminated from his job at The Edison Company for sending “offensive emails of a sexual nature”, over a prolonged… read more

Reasonably Human Pace Required

on November 10, 2015Posted in Divorce Articles,Spousal Support

In Re Marriage of Simpson, 4 Cal.4th 225 (1992).   What kind of schedule is used to calculate earning capacity? In re Marriage of Simpson holds that support should not be calculated based on ridiculous hours worked during the marriage, but rather an objectively reasonable work schedule. Patrick Simpson worked as a stage hand in… read more

Fired bakers can get crumby jobs

on November 5, 2015Posted in Child Support,Divorce Articles,Family Law

In Re Marriage of Everett: 220 Cal.App.3d 846 (1990) We’ve seen that the court has a lot of discretion to use imputed income for support calculations, but it can also choose not to impute income. In Everett, the court declined to impute income where a man who lost his higher paying job chose to work… read more

Become a Priest, not a Doctor

on November 3, 2015Posted in Child Custody,Family Law

In Re Marriage of Meegan: 11 Cal.App.4th 156 (1992). You can’t stop being a pharmacist to become a doctor, according to Ilas. But you can quit being a sales executive to become a priest, according to Meegan. Where Ilas quit to go to medical school, here Patrick Meegan quit his job to begin the five… read more