The threshold test in modification motions in family law cases is that the requesting party must establish a change in circumstance(s) from the prior order. It is applied in requests for child custody changes, basis for adjustments in child and/or spousal support orders. This prevents re-litigation of facts or circumstances that have not materially changed….
Prior to December 31, 2018, in most divorce situations, one spouse is legally obligated to make payments to the other party. These payments could be substantial and tax deductions and for some payors, this has been a substantial benefit. However, the Tax Cuts and Jobs Act (TCJA) will “scrap” a 75-year old deduction for spousal…
My spouse wants to retire. Can I force them to continue working in order to receive the same amount of support? This is the question that was asked in Marriage of Reynolds (1998) Cal.App.4th 1373. In this case, the husband retired from active employment and the trial court attributed to him a monthly income based…
When alimony or spousal support is an issue when jurisdiction terminates, if at all should be discussed. In California, a marriage of 10 years is usually defined as a marriage of long duration. As such, it is important to discuss not only how much spousal support should be but for how long. Unlike with child…