Articles Posted in Post-Judgment Modification

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Changing Jobs When There is a Support Order

If you’re a big fan of the “Simpson’s” you may have heard that Harry Shearer, the voice of several of the shows iconic characters, is leaving the show. When a big star makes a movie or a star leaves a television show it usually makes the news, but people retire,…

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Upward Modification of Spousal Support Post-Judgment

Spousal support is a hot topic in divorce not only during the divorce process but also after the parties’ divorce judgment has been processed and finalized. We often meet with clients who are currently paying spousal support pursuant to court order and, based on a substantial change in circumstances, would…

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Modifying Spousal Support Post Judgment – Payor Spouse

Post judgment motions to modify support orders can be tricky. Less so with child support orders; which are often as easy as putting numbers in a program (income, child sharing percentage, statutory deductions, etc) and pressing the return button. However modifying permanent spousal support is another story.In order to justify…

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Upcoming Changes to Family Code Section 4323(a): Same-Sex Equality

Gender neutral language has not always been present in the California Family Code. For instance, the current California Family Code Section 4323(a)(1) reads as follows: “Except as otherwise agreed to by the parties in writing, there is a rebuttable presumption, affecting the burden of proof, of decreased need for spousal…

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Securing Spousal Support with Life Insurance

Spousal support is typically a contentious aspect of many divorces here in San Diego. Many divorcing couples spend a lot of time litigating the amount of spousal support to be paid by one party to the other. However, once the parties have settled or the Court makes a decision regarding…

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Will California Modify my Custody and Visitation Orders From Another State?

Relocation throughout the United States is generally a simple process; therefore, it is not uncommon for one or both parties to move to a different state after a divorce. In such cases, parents are faced with a jurisdictional dilemma with regard to their custody and visitation issues. Frequently as children…

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New York Dad Loses Custody Battle Over Fast Food Dispute

In the midst of a New York divorce case, father David Schorr gave his son a common ultimatum when his son demanded McDonald’s for dinner – “you can have dinner from anywhere besides McDonald’s or have no dinner at all”. In response, the stubborn five-year-old decided to have no dinner…

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Should I Agree to Non-Modifiable Spousal Support?

The issue of spousal support is often a hot topic in divorce proceedings. In today’s economy, one specific aspect of spousal support that becomes a very important consideration the couples going through a divorce is whether the spousal support order will be modifiable or non-modifiable. Typically, an agreement for spousal…

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Enforceability of Unfair Terms in Marital Settlement Agreements

In January 2013, divorce attorneys were abuzz as our local Court of Appeal took a strong stance with regard to enforceability of Marital Settlement Agreements (“MSA’s”). In San Diego family law cases, the parties to a divorce have the ability to enter into agreements regarding any area of their case.…

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Celebrity Divorce – Brendan Fraser Fights to Lower his Support Obligations

Brendan Fraser and Afton Smith married in 1998 and divorced nine years later in 2007. At the time of their divorce, Fraser was ordered to pay Smith approximately $900,000 per year for spousal support and child support for their three children. Now, Fraser claims that he can no longer make…

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