Category Archives: Uncategorized

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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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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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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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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Social Security Disability Insurance and Child Support

Y.H. v. M.H. is a question of first impression in respect to whether or not credit for derivative payments of Social Security Disability Insurance should be retroactively applied to child support that has already been paid. FACTUAL BACKGROUND OF THE … Continue reading

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Sua Sponte Modification of a Court Order

Does a court have the ability to change an order after it is made?  In re Marriage of Spector addressed the court’s sua sponte ability to reconsider an order. SPOUSAL SUPPORT PROCEEDINGS The wife filed a request for an order … Continue reading

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Business Depreciation and Child Support

The definition of income was at issue in In re Marriage of Rodriguez. The case involved the depreciation of assets for a self-employed business owner. FACTUAL BACKGROUND OF THE CHILD SUPPORT The father in this case owned his own business. … Continue reading

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Domestic Partnership Dissolution

In re Marriage of G.C. and R.W. focuses on the issue of entering into a domestic partnership in another state and having it recognized and dissolved in California. FACTUAL BACKGROUND OF THE DISSOLUTION OF THE DOMESTIC PARTNERSHIP The parties in … Continue reading

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Family Code 217 Testimony

In re Marriage of Swain involved an ex-husband’s request to terminate spousal support. FACTUAL BACKGROUND OF THE REQUEST TO TERMINATE SPOUSAL SUPPORT. The parties had been married for 11 years before filing for divorce. They entered into a stipulated judgment … Continue reading

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Waived Military Pay and Spousal Support

Military disability pay, retirement pay, and spousal support were the topics discussed in In re Marriage of Cassinelli. FACTUAL BACKGROUND OF THE SPOUSAL SUPPORT ORDER The parties were married for more than 20 years and were divorced in 1986. There … Continue reading

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