Personal Jurisdiction and Child Support

David L v. The Superior Court of San Diego County results in case law that makes obtaining child support orders more difficult for single mothers.

FACTUAL BACKGROUND OF THE PATERNITY AND CHILD SUPPORT CASE

The parents in this case had a long-term, on and off relationship. The father lived in Connecticut and worked as a concert promoter and visited California a few times for his work. The mother was a resident of California. The minor child was conceived while the mother was visiting the father in Nebraska. After the birth of her child she requested the court to make an order for child support.

TRIAL PROCEEDINGS

The father argued that the California family law court could not make child support orders, because the court did not have personal jurisdiction over him. The trial court ordered the father to pay child support, and the father appealed the case on the grounds that California does not have jurisdiction over him to make child support orders.

APPEAL OF THE ORDER

The appellate court agreed with the father. It stated that merely having intercourse with a woman in a state other than California, mother’s residential state, would not subject a person to personal jurisdiction of California. Even though pregnancy is a foreseeable result of intercourse, the father did not engage in conduct expressly aimed at or targeting the forum state.

The Fourth District also stated that there is general personal jurisdiction and specific jurisdiction. General jurisdiction allows California to assert jurisdiction over a person based on the substantial connection to the state. It usually applies to residents. However, specific jurisdiction focuses on the relationship among the defendant, the forum, and the litigation. The suit-related conduct must create a substantial connection to the state. If there is no connection between the suit and the contacts with the state, there is no personal jurisdiction.

DO YOU NEED HELP WITH ISSUES RELATED TO PERSONAL JURISDICTION AND SUPPORT?

If you need legal advice and are looking for a family law lawyer in Orange County to address a dissolution issue such as child support or any other divorce matter such as legal separation, annulment, custody, spousal support and/or property division, please consider Treviño Law in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

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Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716-2102
Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not guarantee that there are other facts which may play a significant part in a dissolution. Circumstances in a divorce case may alter the required action and analysis taken by a family law attorney in California.

Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.
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Evidence for a Restraining Order

In re Marriage of Davila and Mejia addressed the notice required before a court can issue a restraining order.

FACTUAL BACKGROUND OF THE RESTRAINING ORDER

The parties were going through a divorce. The wife had teenage children from a previous marriage. In her petition for the restraining order, the wife accused the husband of threatening to harm her physically. She also testified that while her children were home alone, her husband jumped over a fence that surrounded her house and repeatedly knocked on windows and doors which scared her children.

RESTRAINING ORDER PROCEEDINGS

During the restraining order proceedings, the wife testified that in the past, her husband put a loaded gun to her head and threatened to hurt her. She also testified that the children were afraid of the husband. The trial court found that the wife met her burden of proving domestic violence and issued a restraining order. The husband appealed the order, stating that he did not have prior notice that the wife would allege that he put a gun to her head, because she did not state that in her moving papers.

APPEAL OF THE RESTRAINING ORDER

The appellate court upheld the restraining order. Although it noted that a respondent should be put on notice of the allegations to support a request for a restraining order, it stated that the husband had notice that the wife was going to allege threats of physical abuse at the hearing when she stated in her petition that the husband had threatened to physically abuse her. The act of putting a gun to her head fit within the description of threatened physical abuse.

DO YOU NEED HELP WITH ISSUES RELATED TO A RESTRAINING ORDER?

If you need legal advice and are looking for a family law lawyer in Orange County to address a restraining order a divorce matter such as legal separation, annulment, custody, child support, spousal support and/or property division, please consider Treviño Law in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

T-LawLogo only

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716-2102
Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not guarantee that there are other facts which may play a significant part in a dissolution. Circumstances in a divorce case may alter the required action and analysis taken by a family law attorney in California.

Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.
Posted in Protective Orders, Restraining Order | Leave a comment

Paternity and the Three Parent Law

C.A. v. C.P. et al., involved litigation over the fairly new three parent law and whether it applies when there is a viable marriage .

FACTUAL BACKGROUND OF THE PATERNITY CASE

The child who born to a couple who were not married at the time of conception. In fact, the mother was married to another man. Initially, she led her husband to believe that he was the girl’s biological father. However, the biological father knew the child was his and he participated in her care for the first three years of her life.

PATERNITY TRIAL PROCEEDINGS

After the husband learned the truth about the child, the biological father was allowed to spend time with his daughter with the consent of the married couple. The biological father paid child support, had regular visitation with her, and openly held her out as his daughter. Conflicts arose between him and the married couple and a paternity suit was filed. Thereafter all visitation stopped.

The trial court found that the minor child had three parents. The married couple appealed the finding. Their main argument was that because they had an intact marriage, the biological father could not qualify as a father even under the new three parent law.

APPEAL OF THE ORDER

The married couple appealed, and the appellate court affirmed the order. The court stated that an intact marriage did not prevent a finding of three parents. It reasoned that when a biological father has a relationship with the minor child and the removal of the biological parent from that child’s life would be detrimental, the three parent law applies. Therefore, the biological father was entitled to participate in the child’s life and pay child support.

DO YOU NEED HELP WITH ISSUES RELATED TO PATERNITY?

If you need legal advice and are looking for a family law lawyer in Orange County to address paternity or a other divorce matter such as legal separation, annulment, custody, child support, spousal support and/or property division, please consider Treviño Law in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

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Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716-2102
Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not guarantee that there are other facts which may play a significant part in a dissolution. Circumstances in a divorce case may alter the required action and analysis taken by a family law attorney in California.

Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.
Posted in Paternity, Three Parents | Leave a comment

Valuing a Community Property Business in a Divorce

In re Marriage of Garrity and Bishton involved the valuation of a law practice which was community property.

FACTUAL BACKGROUND OF THE DISSOLUTION

The parties in this marriage were only married three years. They were both attorneys and both had law practices which required a valuation.

FAMILY LAW TRIAL PROCEEDINGS

The family law judge stated that both law practices had no value and that the most appropriate method for valuing the good will and law practice of each party was the excess earnings method. The husband appealed, because it was an inappropriate valuation method.

APPEAL OF THE ORDER

The court of appeal agreed that goodwill is a necessary factor in determining value, but it also state that the value must also take into account a practice’s fixed assets, properly aged accounts receivable, costs advanced, work in progress not billed, etc. The case was returned to the family law court to properly have the businesses valued.

DO YOU NEED HELP WITH ISSUES RELATED TO A BUSINESS VALUATION?

If you need legal advice and are looking for a family law lawyer in Orange County to address a dissolution issue such as a business valuation or any other divorce matter such as legal separation, annulment, custody, child support, spousal support and/or property division, please consider Treviño Law in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

T-LawLogo only

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716-2102
Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not guarantee that there are other facts which may play a significant part in a dissolution. Circumstances in a divorce case may alter the required action and analysis taken by a family law attorney in California.

Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.
Posted in Business Valuation, Community Property | Leave a comment

Step Down Orders for Spousal Support

In re Marriage of Ackerman involved the imputation of income to one spouse.

FACTUAL BACKGROUND OF THE DISSOLUTION

The parties were married for more than 10 years and had two children together. At the time of the divorce, the husband was a plastic surgeon and the wife was a stay at home mom. However, the wife had earned her juris doctorate degree.

FAMILY LAW TRIAL PROCEEDINGS

The wife requested both child support and spousal support. The husband argued that the wife could work and should become self-sufficient. The court ordered support, but it also ordered an automatic step-down order of support based on the fact that the wife should become self-sufficient in a reasonable amount of time.

APPEAL OF THE ORDER

The Fourth District Appellate Court upheld the trial court’s order and stated that there was evidence in the record that the wife could pass the California State Bar. If she did not pass the bar, she would be able to work as a paralegal. An automatic step down order based on those facts was proper.

DO YOU NEED HELP WITH ISSUES RELATED TO SPOUSAL SUPPORT?

If you need legal advice and are looking for a family law lawyer in Orange County to address a dissolution issue such as spousal support or any other divorce matter such as legal separation, annulment, custody, child support and/or property division, please consider Treviño Law in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

T-LawLogo only

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716-2102
Visit us at
www.LawintheOC.com
Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not guarantee that there are other facts which may play a significant part in a dissolution. Circumstances in a divorce case may alter the required action and analysis taken by a family law attorney in California.

Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.
Posted in Spousal Support | Leave a comment

Voluntary Contributions to 401(k) Can be Used as Income for Support.

In re Marriage of Morton involved several support issues. One issue was whether or not contributions made to the husband’s 401(k) plan should be included as income for the purpose of support.

FACTUAL BACKGROUND OF THE DISSOLUTION

The parties were married for more than 21 years and had one child together. The husband contributed money to his 401(k).

FAMILY LAW TRIAL PROCEEDINGS

The wife argued that the husband’s contributions to the 401(k) should be included as income and used for support. The husband argued that because the money was used for a retirement plan it should not be included.

APPEAL OF THE ORDER

The Court of Appeal agreed with both parents. Any contributions made to a 401(k) that are mandatory and required by an employer are deducted from income. However any voluntary amount that is contributed to a 401(k) should be included as income for purposes of support.

DO YOU NEED HELP WITH ISSUES RELATED TO SUPPORT?

If you need legal advice and are looking for a family law lawyer in Orange County to address a dissolution issue such as support or any other divorce matter such as legal separation, annulment, custody, spousal support, child support and/or property division, please consider Treviño Law in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

T-LawLogo only

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716-2102
Visit us at
www.LawintheOC.com
Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not guarantee that there are other facts which may play a significant part in a dissolution. Circumstances in a divorce case may alter the required action and analysis taken by a family law attorney in California.

Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.
Posted in Child Support in Orange County | Leave a comment

Tax Refunds as Income

Generally, tax refunds are not considered additional income for the purposes of support. However, In re Marriage of Morton involved a long term marriage and analysis of whether or not a tax refund could be factored into the father’s annual net disposable income for the purposes of child support.

FACTUAL BACKGROUND OF THE DISSOLUTION

The parties were married for more than 21 years and had one child together. The husband owned a business and estimated his taxes every year. At the time that the first hearing for child support was held, the amount of the actual taxes for the business had not been calculated. Since the husband made estimated tax payments, his income was reduced by those estimates.

FAMILY LAW TRIAL PROCEEDINGS

The wife argued that the husband’s income tax refunds from the S corporation should be included in the amount of income available for support. The family court excluded his income tax refund as income and the wife appealed.

APPEAL OF THE ORDER

The Court of Appeal disagreed with the family court. It held that tax refunds should be counted towards income when they are estimated tax payments, there was an over payment of those taxes, and they were excluded as income.

This was an unusual circumstance in that the refund was not included in the original calculation of child support, because the actual income could not be determined until after the year had ended and taxes had been filed.

DO YOU NEED HELP WITH ISSUES RELATED TO CHILD SUPPORT?

If you need legal advice and are looking for a family law lawyer in Orange County to address a dissolution issue such as child support or any other divorce matter such as legal separation, annulment, custody, spousal support and/or property division, please consider Treviño Law in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

T-LawLogo only

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716-2102
Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not guarantee that there are other facts which may play a significant part in a dissolution. Circumstances in a divorce case may alter the required action and analysis taken by a family law attorney in California.

Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.
Posted in Uncategorized | Tagged | Leave a comment

Transmutations and Interspousal Transfer Grant Deeds

If one spouse transfers property to the other spouse during marriage, the transfer must be in writing as required in In re Marriage of Kushesh.

FACTUAL BACKGROUND OF THE DISSOLUTION

In Kushesh the parties were only married for a year. During the year, the husband signed an interspousal transfer grant deed. The grant deed transferred the property that was purchased during marriage to the wife.

FAMILY LAW TRIAL PROCEEDINGS

The family law judge concluded that the house was community property, because the interspousal transfer grant deed did not have the requisite wording to change the character of the property. The wife appealed.

APPEAL OF THE ORDER

The court of appeal reversed the decision. It held that the interspousal transfer grant deed contained the requisite language. It reasoned that deeds are used to transfer property. The deed in this case used the word “grant” which is a word used to convey real property. In addition, the deed stated that the property was granted to the wife as her separate property.

DO YOU NEED HELP WITH ISSUES RELATED TO CHARACTERIZATION OF PROPERTY?

If you need legal advice and are looking for a family law lawyer in Orange County to address a dissolution issue such as property characterization or any other divorce matter such as legal separation, annulment, custody, child support, spousal support and/or property division, please consider Treviño Law in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

T-LawLogo only

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716-2102
Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not guarantee that there are other facts which may play a significant part in a dissolution. Circumstances in a divorce case may alter the required action and analysis taken by a family law attorney in California.

Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.
Posted in Transmutation | Leave a comment

Severance Pay After Ostler & Smith Orders

The definition of income and when support should be paid can become convoluted. The basic issue in In Re Marriage of Samson was whether severance pay was payable in one month or over a year.

FACTUAL BACKGROUND OF THE MODIFICATION OF SUPPORT

The parties were divorced. In their marital agreement they agreed that any compensation in excess of $25,000 per month to the ex-husband would require a payment of 35 percent to the ex-wife. The ex-husband was laid off from his job. He received severance pay from his employer. The severance pay consisted of a year’s salary, a lump sum in lieu of commission, a healthcare component, and a master retirement plan component. After the ex-husband received his net pay, he filed a motion to ask the family court to treat his severance pay as income over a year rather than income in excess of $25,000 for one month.

FAMILY LAW PROCEEDINGS

The ex-wife argued that the lump sum payment should be payable as a lump sum payment in one month. She argued that the ex-husband could not retroactively modify support, and his filing of the request would result in a retroactive application of support. The family law judge agreed with the ex-wife and ordered the ex-husband to pay support based upon the agreement made by the parties. The ex-husband appealed.

APPEAL OF THE MODIFICATION ORDER

The appellate court reversed. It reasoned that this is an Ostler & Smith type order, and Ostler & Smith orders are based on bonus income that fluctuates and is not guaranteed. It held that at the time of entering into the agreement, neither party knew that the ex-husband would receive a lump-sum payment. Therefore, the severance pay would not be subject to an Ostler & Smith type order

DO YOU NEED HELP WITH ISSUES RELATED TO MODIFICATION OF SUPPORT?

If you need legal advice and are looking for a family law lawyer in Orange County to address a dissolution issue such as modification of support or any other divorce matter such as legal separation, annulment, custody, spousal support, child support and/or property division, please consider Treviño Law in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

T-LawLogo only

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716-2102
Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not guarantee that there are other facts which may play a significant part in a dissolution. Circumstances in a divorce case may alter the required action and analysis taken by a family law attorney in California.

Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.
Posted in Spousal Support | Leave a comment

Ostler/Smith: Support Orders Based on Bonus Income

In 1990, the court in In re Marriage of Ostler & Smith created a new interpretation of the law that applies today.

FACTUAL BACKGROUND OF THE DISSOLUTION

In Ostler & Smith, the husband received a large bonus every year as part of his income. However, the bonus was not guaranteed and depended on the performance of the company.

FAMILY LAW DIVORCE PROCEEDINGS

The husband did not want the court to base either spousal support or child support on his bonus income. However, the family court awarded a base amount of child support and spousal support and additional support based on a percentage of his bonus income.

APPEAL OF THE FAMILY LAW JUDGE’S ORDER

The husband appealed and the appellate court upheld the order. It stated that income includes bonus income and an award of support based upon a percentage of bonus income that is actually received is proper.

DO YOU NEED HELP WITH ISSUES RELATED TO CHILD SUPPORT?

If you need legal advice and are looking for a family law lawyer in Orange County to address a dissolution issue such as  support based on and Ostler/Smith award or any other divorce matter such as legal separation, annulment, custody, spousal support, child support, and/or property division, please consider Treviño Law in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

T-LawLogo only

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716-2102
Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not guarantee that there are other facts which may play a significant part in a dissolution. Circumstances in a divorce case may alter the required action and analysis taken by a family law attorney in California.

Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.

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