Author Archives: Administrator

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 … Continue reading

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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 … Continue reading

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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. … Continue reading

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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 … Continue reading

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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 … Continue reading

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In Re Marriage of Moore

In re Marriage of Moore defined the amount the community gains when it pays down the mortgage of a home owned by one spouse. FACTUAL BACKGROUND OF THE DISSOLUTION The wife in Moore purchase a home before marriage. During the … Continue reading

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Stock Options and Child Support

The family court determined in In re Marriage of Macilwaine when a stock option is considered “available” as income for child support purposes. FACTUAL BACKGROUND OF THE DISSOLUTION The parties were married for fourteen years and had four children together. … Continue reading

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Special Immigrant Status and Participation by Parents

The California Supreme Court in Bianka M. v. The Superior Court of Los Angeles County discussed whether joinder of a non-citizen parent to a SIJS case is necessary when the court would not have jurisdiction over the non-citizen parent. If … Continue reading

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Domestic Violence and Custody

The family court in Jaime G. v. H.L. awarded custody to the father after he was found to have perpetrated domestic violence against the mother. FACTUAL BACKGROUND OF THE CUSTODY DISPUTE The parents in this case were never married. The … Continue reading

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Privileged Communications in Divorce

L.G. v. M.B. is not a divorce case, but a civil action that arose out of a divorce proceeding. The case discusses anti-SLAPP motions, torts, and civil procedure. FACTUAL BACKGROUND OF THE CIVIL ACTION The ex-wife, who is also the … Continue reading

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