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Category Archives: Family Law
Spousal Support in Late Term Marriages
If pressed to do a quick take on marriage in America today, I might say something like this: Marry late in life and if need be, marry often. Americans nowadays, if they choose to marry at all, marry later in … Continue reading
Spousal Support Duration in 10+ year Marriages
Spousal support is certainly a fertile topic of discussion. For now, however, I would simply like to make some brief, follow-up remarks to those made in my last post, “Spousal Support: Presumptions and Duration.” In the context of discussing long term (10+ … Continue reading
Spousal Support: Presumptions and Duration
The word “permanent” in the expression “permanent spousal support” is something of a misnomer. Yes, permanent spousal support might go on for a very long time, although no specific guidance requires that it does. Definitely, permanent spousal support ends when … Continue reading
Spousal Support and Atypical Marital Situations
In addressing the issue of spousal support in dissolution cases, the Court follows standard procedures. The dominant guidance comes from Family Code (FC) Section 4320, which sets forth a mandatory schema of 14 factors–including “any other factor”—that the Court must … Continue reading
Spousal Support and Marital Standard of Living
In my recent discussions of post-judgment spousal support, I have mentioned the concept of “marital standard of living,” but have not yet explained the overall importance and functioning of this concept within dissolution proceedings. Allow me, then, to do so … Continue reading
Spousal Support Termination and Jurisdictional Limitation
Long term spousal support arrangements are often the result of much hard-fought bargaining, which is why I always advise parties to include in their MSA an explicit and direct statement limiting the Court’s authority, post-judgment, to modify a carefully-crafted support … Continue reading
Negotiating Spousal Support Payments in Marital Dissolution
My last post was a broad overview of the issue of spousal support in marital dissolution. Now, I want to look more carefully at the practical ways of determining amount and duration of permanent spousal support. In most divorce cases … Continue reading
Posted in Education About Dissolution, Family Law, Spousal Support
Tagged Dissolution, Divorce, Divorce Process, Education, Family, Family Law, Santa Clara County Divorce
Marital Dissolution and the Issue of Spousal Support
Parties in a marital dissolution often regard the issue of spousal support on par with that of child support. From a legal perspective, however, these two kinds of financial obligations are quite different. Child support is required to be paid … Continue reading
Posted in Education About Dissolution, Family Law
Tagged Dissolution, Divorce, Education, Family, Family Law, Santa Clara County Divorce, Spousal Support
Stipulation to Temporary Judge: Three Effects
Once parties in a marital dissolution case elect to work with a Temporary Judge (aka “Private Judge” or “Judge Pro Tempore”) instead of litigating their case publically before a judge sitting in the courthouse, the parties must file with the … Continue reading
For Comment: Final Versions of the AOC Draft Forms
In my earlier post entitled “New Emphasis on Attorneys Fees” (March 14, 2011), I discussed the new forms for attorneys fees that the Administrative Office of the Courts (AOC) was tasked to implement, pursuant to the recommendations of the Elkins … Continue reading
