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Category: Assets

What is Dissipation of Assets in a San Diego Divorce?

on June 12, 2017Posted in Assets,Divorce

A 2016 Forbes article discussed the term “dissipation of assets” in reference to getting a divorce. One of the most common ways to avoid paying a spouse is to dissipate, or squander, assets. This is intentionally done to prevent a spouse from getting his or her fair share of marital property in a divorce settlement…. read more

Protecting Your Finances During San Diego Divorce Season

on May 22, 2017Posted in Assets,Divorce,Divorce Articles

According to a March 2017 article in the Atlanta Journal Constitution, divorce in the United States consistently peaks from March to August. Researchers claim that the aftermath of Christmas along with summer holidays often play a vital role in motivating individuals to file for divorce during these months. Researchers typically refer to these months as… read more

Don’t Miss the Asset – Accrued Vacation Pay in a Divorce

on November 16, 2016Posted in Assets,Community Property

Vacation pay in a divorce: This is a good example of an asset that should not be missed. When the time to divide assets in a divorce case arrives it’s important to make sure all of the community property has been addressed. Some property items are more obvious than others. For example, people probably aren’t… read more

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

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

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

Do you have an opulent life style?

on October 31, 2015Posted in Assets,Child Support,Prenuptial Agreement

Another fun support case on the other side of the spectrum from Stewart v. Gomez is the In re Marriage of De Guigne. This is a quote from the De Guigne case regarding the parties’ background: “The family maintained an opulent lifestyle. The house was staffed by two housekeepers, three gardeners, a laundress, chef, child… read more

How do we prove income?

on October 15, 2015Posted in Assets,Child Support,Family Law

In Re Marriage of Loh (93 Cal.App.4th 325) Although Loh states that it is not an imputed income case, it does show us how to prove income, which is useful in proving the ability factor for earning capacity. Here, Pamela Loh filed to increase child support from Victor Loh in 2000 based on photos of… read more

Legendary Musician Frankie Valli Prevails in California Supreme Court

on May 16, 2014Posted in Assets

Yesterday, the California Supreme Court reversed the judgment of the Court of Appeals in a blockbuster family law case involving legendary musician Frankie Valli. In the Marriage of Valli case, the California Supreme Court unanimously held that where a husband used community property funds to purchase an insurance policy on his life and named his… read more