Category Archives: Child Support

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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Post Judgment Vocational Exams

In re Marriage of Stupp v. Schilders involved a post-judgment request for a vocational examination for the ex-wife. FACTUAL BACKGROUND OF THE REQUEST FOR ORDER FOR A VOCATIONAL EXAM By the time the ex-wife filed this appeal, the parties were … Continue reading

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Changing Jobs Does not Always Mean a Lower Child Support Order

In re: Marriage of Padilla is a seminal case involving a parent’s right to change jobs after a divorce and a corresponding decrease in child support. FACTUAL BACKGROUND OF THE REQUEST FOR ORDER FOR MODIFICATION OF CHILD SUPPORT The parties … Continue reading

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Deviations From Child Support

YR v. AF involved child support for a minor child. The father in this case was a director who earned more than $2,000,000 per year. FACTUAL BACKGROUND LEADING UP TO THE REQUEST FOR CHILD SUPPORT The parents of the minor … Continue reading

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Lowering Child Support in California

Marriage of Usher involves a high income earner, substantial child support and a request to lower child support after a judgment has been entered. FACTUAL BACKGROUND OF THE REQUEST FOR ORDER FOR A REDUCTION OF CHILD SUPPORT The father in … Continue reading

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Deviation from Child Support Guidelines in California

S.P. v. F.G. involved a high income earner and a modification of child support. FACTUAL BACKGROUND OF THE REQUEST FOR ORDER FOR MODIFICATION OF CHILD SUPPORT The parents of the minor child were never married. The mother starred in a … Continue reading

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Change in Child Support When Grandparents Raise the Minor Child

Once an order for child support is entered, it is enforceable unless modified by agreement or order of the court. There is one exception to this rule. In re Marriage of Wilson analyzes whether or not child support should be … Continue reading

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Child Support Payments and Trust Proceeds

The appellate court in Pratt v. Ferguson determined that the proceeds from the maternal grandparents’ trust could be used for the purposes of child support. FACTUAL BACKGROUND OF THE ARREARS CHILD SUPPORT PROCEEDINGS The parties had six children together. The … Continue reading

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Social Security Derivative Benefits and Outstanding Child Support

     Hall v. Frencher is a case which involved the payment of outstanding child support and Social Security derivative benefits. FACTUAL BACKGROUND OF THE CHILD SUPPORT PROCEEDINGS      The parties in this case had a minor child. The father owed more than … Continue reading

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Orders for Past Child Support

      The court in Barth confirmed that a court could order child support retroactive to the date that the petition is filed in the divorce case in Orange County. FACTUAL BACKGROUND OF THE DISSOLUTION PROCEEDINGS       The parties had been … Continue reading

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