Support Flashcards
FC 3901
CS to age 19 or HS for C who is not self-supporting or emancipated
Hoffemeister
Late IE results in continuance or order striking it
Andreen
MSOL must apply to both parties, not just supported party
Duration of Fiduciary Duty for Support
2102(c) and 721 obligation terminates when final order is entered (Sorge)
Chakko
Fale, misleading, or inconsistent statements can server as basis for support determination
Calcaterra & Badaks
Court can rely on loan applications
DeGuigne
Court can consider history of spending including assets in fixing support to deviate from GL
County of Orange v. Smith
Sublet space is income for CS
Marriage of Loh
Tax returns are presumptively correct
County of Kern v. Castle
CS: Corpus of inheritance is not income, investment return is
Bonus income for CS
Andrade: predictable recurring bonuses must be included as prospective earnings
Mosley: potential future bonus income if dependent on performance and profitability should be subject to Smith/Ostler
Stock Options for CS
Kerr: stock options considered as income for guideline calculation (percent of amount after taxes not to exceed reasonable needs)
CS: Unrealized gain in equity in family residence
Per Henry is not income for CS
CS: FRV of mortgage free residence
Under Schafley, cannot be used to calculate GLCS but may be a basis for deviating
CS: Life insurance proceeds
Scheppers: not income for CS but earnings on corpus are
Heiner
Undifferentiated lump sum PI recover is not income available for support since the lost wages component is not identified
CS: Undifferentiated lump sum PI
Heiner: not income available since lost wages component is not identified
Pearlstein: Unrealized stock appreciation
Not income for CS unless sales proceeds are not reinvested
Schulze
Parental gifts not income for support (parents were H’s employer)
Alter
Regular, reoccurring monthly distributions coupled with questionable and late produced loan documents executed by H
Kevin Q
Payment o f monthly living expenses on a regular and continuous basis is relevant on the issue of income for fees
Williamson
History of contribution of annual gifts and payment of expenses characterized as advances against inheritance are not income for CS
Blazer and Disputed Income
TCT has broad discretion to determine amount and source for support if income is disputed
Blazer
PSS: Where both experts agree that business was thinly capitalized, TCT did not abuse discretion by attributing income to business instead of to H
Judicial Notice of Classified Ads
LaBass & Munsee
LaBass & Munsee
TCT may take judicial notice of classified job ads
Serna
Excessive hours or onerous schedule should not be considered in imputing income
Padilla
Voluntary career change, even in good faith, is not a defense to imputation of income
Hinman and LaBass & Munsee
Imputation permissible for parents of preschool aged children
Seek work order for training
FC 3558
FC 3558
Seek work order for training
FC 4052
TCT shall adhere to GL and may only depart in special circumstances
Henry
TC cannot consider unrealized equity
FC 4057
GL presumed correct unless rebutted
4057.5
New spouse income cannot be considered unless rebutted
FC 4060
Monthly net/12 unless it does not accurately reflect actual or prospective income (Andrade, Riddle, Mosley)
Illas
No modification of CS & SS for pharmacist who quit job for medical school
CS earning capacity may be based on FMV of asset even if negative cash flow
Dacumos
Destein
TC discretion to impute risk free reasonable rate of return, bad faith not required
Dacumos
CS earning capacity may be based on FMV of asset even if negative cash flow
4062(a)
Mandatory add ons
- Child care costs related to employment/education
- Reasonable uninsured health care costs
4062(b)
Discretionary add ons
- Educational or the special needs
- Visitation travel expenses
4063
Mandatory payment procedures for uninsured health care costs
