Here’s a recent article regarding the Court’s process of estimating support.
In many divorce cases the Court has to estimate the future income of the party who will be paying spousal support in order to determine the amount of support to be paid. When a person has been employed for the same company for several years, it can be fairly easy to estimate that person's future income. However, it is difficult to estimate if the party is self-employed and the monthly rate of income fluctuates.
The article cites a case where during the marriage, the husband and the wife owned a real estate and development business. Several years before the divorce, the wife estimated that the parties earned income of about $30,000 per month. The husband claimed because of the uncertain real estate climate, he wanted to retire and live off the income of a farm the parties owned in Alabama (net income for the farm was approximately $25,000 per year).
In the end, the court awarded $4,000 per month in spousal support to the wife. The trial court based its award on income that the husband stated was from a one-time sale of real property property.
The husband later appealed the trial court's decision. The Court of Appeals agreed with the wife that an award of spousal support was appropriate because of her health and because of the husband's greater earning capacity, but the court agreed with the husband that $4,000 a month was too approximate an amount. The court stated that, "in order for the court to make an award of support, there must be evidence of the obligor spouse's future earning potential and ability to pay."
Speculation was an important issue that the appeals court raised. They determined that it was speculative to find that the husband could earn that much income in the future and there was no evidence to support that finding. According to the article, it cites that it's very important to provide the court with enough information so that there is evidence to base any decision of spousal support upon.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Author's Notes
Sunday, July 24, 2011
Wyoming and Same Sex Marriage
A recent article states that Wyoming has reversed a lower court's refusal to hear a petition by a lesbian couple seeking to end the marriage they entered into in Canada. Trial court had ruled that since Wyoming does not allow same-sex couples to get married there, they could not grant a divorce.
The state Supreme Court, however, did not see it the same way as the trial court. In their ruling in the case of Christiansen v. Christiansen (S-10-0252, issued June 6, 2011), the court found that the ordinary rule that requires their state courts to honor out-of-state marriages should apply.
The wording of the court’s opinion does not give a clear answer on the issue of property division or spousal support, but according the article, the general wording makes it appear that the court would do so.
Many states do not recognize the legal partnerships or marriages of same-sex couples even though a good chunk of these couples will likely want to dissolve the relationship in the coming years. There is hope that other states will follow in Wyoming’s footsteps when this does happen.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
The state Supreme Court, however, did not see it the same way as the trial court. In their ruling in the case of Christiansen v. Christiansen (S-10-0252, issued June 6, 2011), the court found that the ordinary rule that requires their state courts to honor out-of-state marriages should apply.
The wording of the court’s opinion does not give a clear answer on the issue of property division or spousal support, but according the article, the general wording makes it appear that the court would do so.
Many states do not recognize the legal partnerships or marriages of same-sex couples even though a good chunk of these couples will likely want to dissolve the relationship in the coming years. There is hope that other states will follow in Wyoming’s footsteps when this does happen.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Grandparents and Visitation Rights
Many people are confused or don’t realize that grandparents have rights for visitation with their grandchildren. There are many resources available on the Internet. Here is a brief summary of an article I found regarding grandparent’s rights to visitation.
According to the article, grandparent visitation is governed under California Family Code Section 3100 et seq. The law supports what is considered "the best interest" of the child. That is an ever evolving societal concept, now that family units are no longer traditional nuclear families. One argument is that it is in the best interests of the child to spend with their grandparents.
According to the article, California law supports the best interest of the child, and that often means spending time with grandparents. Grandparents play a significant role in the daily operation of a healthy family, and can have a tremendous impact on the lives of their grandchildren.
To have legal rights, grandparents must file a petition with the court to join the action. The grandparents can file a petition for visitation rights if the legal parents are currently involved in a marital dissolution proceeding, or if either legal parent have passed. According to the article, they cannot file for visitation if the legal parents are married and are living together on a permanent basis, have not been absent for more than a month without the other spouse knowing the whereabouts of the absent spouse, or are currently residing with the child and the child has not been adopted by a stepparent.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
According to the article, grandparent visitation is governed under California Family Code Section 3100 et seq. The law supports what is considered "the best interest" of the child. That is an ever evolving societal concept, now that family units are no longer traditional nuclear families. One argument is that it is in the best interests of the child to spend with their grandparents.
According to the article, California law supports the best interest of the child, and that often means spending time with grandparents. Grandparents play a significant role in the daily operation of a healthy family, and can have a tremendous impact on the lives of their grandchildren.
To have legal rights, grandparents must file a petition with the court to join the action. The grandparents can file a petition for visitation rights if the legal parents are currently involved in a marital dissolution proceeding, or if either legal parent have passed. According to the article, they cannot file for visitation if the legal parents are married and are living together on a permanent basis, have not been absent for more than a month without the other spouse knowing the whereabouts of the absent spouse, or are currently residing with the child and the child has not been adopted by a stepparent.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
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