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CA Fam > Support > Flashcards

Support Flashcards

1
Q

FC 3901

A

CS to age 19 or HS for C who is not self-supporting or emancipated

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2
Q

Hoffemeister

A

Late IE results in continuance or order striking it

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3
Q

Andreen

A

MSOL must apply to both parties, not just supported party

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4
Q

Duration of Fiduciary Duty for Support

A

2102(c) and 721 obligation terminates when final order is entered (Sorge)

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5
Q

Chakko

A

Fale, misleading, or inconsistent statements can server as basis for support determination

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6
Q

Calcaterra & Badaks

A

Court can rely on loan applications

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7
Q

DeGuigne

A

Court can consider history of spending including assets in fixing support to deviate from GL

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8
Q

County of Orange v. Smith

A

Sublet space is income for CS

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9
Q

Marriage of Loh

A

Tax returns are presumptively correct

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10
Q

County of Kern v. Castle

A

CS: Corpus of inheritance is not income, investment return is

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11
Q

Bonus income for CS

A

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

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12
Q

Stock Options for CS

A

Kerr: stock options considered as income for guideline calculation (percent of amount after taxes not to exceed reasonable needs)

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13
Q

CS: Unrealized gain in equity in family residence

A

Per Henry is not income for CS

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14
Q

CS: FRV of mortgage free residence

A

Under Schafley, cannot be used to calculate GLCS but may be a basis for deviating

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15
Q

CS: Life insurance proceeds

A

Scheppers: not income for CS but earnings on corpus are

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16
Q

Heiner

A

Undifferentiated lump sum PI recover is not income available for support since the lost wages component is not identified

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17
Q

CS: Undifferentiated lump sum PI

A

Heiner: not income available since lost wages component is not identified

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18
Q

Pearlstein: Unrealized stock appreciation

A

Not income for CS unless sales proceeds are not reinvested

19
Q

Schulze

A

Parental gifts not income for support (parents were H’s employer)

20
Q

Alter

A

Regular, reoccurring monthly distributions coupled with questionable and late produced loan documents executed by H

21
Q

Kevin Q

A

Payment o f monthly living expenses on a regular and continuous basis is relevant on the issue of income for fees

22
Q

Williamson

A

History of contribution of annual gifts and payment of expenses characterized as advances against inheritance are not income for CS

23
Q

Blazer and Disputed Income

A

TCT has broad discretion to determine amount and source for support if income is disputed

24
Q

Blazer

A

PSS: Where both experts agree that business was thinly capitalized, TCT did not abuse discretion by attributing income to business instead of to H

25
Q

Judicial Notice of Classified Ads

A

LaBass & Munsee

26
Q

LaBass & Munsee

A

TCT may take judicial notice of classified job ads

27
Q

Serna

A

Excessive hours or onerous schedule should not be considered in imputing income

28
Q

Padilla

A

Voluntary career change, even in good faith, is not a defense to imputation of income

29
Q

Hinman and LaBass & Munsee

A

Imputation permissible for parents of preschool aged children

30
Q

Seek work order for training

A

FC 3558

31
Q

FC 3558

A

Seek work order for training

32
Q

FC 4052

A

TCT shall adhere to GL and may only depart in special circumstances

33
Q

Henry

A

TC cannot consider unrealized equity

34
Q

FC 4057

A

GL presumed correct unless rebutted

35
Q

4057.5

A

New spouse income cannot be considered unless rebutted

36
Q

FC 4060

A

Monthly net/12 unless it does not accurately reflect actual or prospective income (Andrade, Riddle, Mosley)

37
Q

Illas

A

No modification of CS & SS for pharmacist who quit job for medical school

38
Q

CS earning capacity may be based on FMV of asset even if negative cash flow

A

Dacumos

39
Q

Destein

A

TC discretion to impute risk free reasonable rate of return, bad faith not required

40
Q

Dacumos

A

CS earning capacity may be based on FMV of asset even if negative cash flow

41
Q

4062(a)

A

Mandatory add ons

  1. Child care costs related to employment/education
  2. Reasonable uninsured health care costs
42
Q

4062(b)

A

Discretionary add ons

  1. Educational or the special needs
  2. Visitation travel expenses
43
Q

4063

A

Mandatory payment procedures for uninsured health care costs

CA Fam (8 decks)

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