Author Archives: Administrator

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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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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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