Author Archive

Feb 8, 2010

10 Questions To Ask a Divorce Lawyer

By Aaron Dishon, Esq.

1. Do you specialize in divorces, or are divorces just a part of your practice? Are you a certified family law specialist?
2. What is your strategy for my case? How long will it take to resolve my case?
3. How long to you take to return phone calls? How do I get a hold of you if there is an emergency? What do you consider to be an emergency?

Feb 8, 2010

Court Needs to Consider Both Ability to Pay and Actual Expenses When Ordering Attorneys Fees

The court should consider both child support and spousal support payments when determining attorneys fees.

Alan T.S. v. Superior Court (Mary T.)

In this case the trial court had ordered $9,000 in attorney’s fees to wife during a dissolution case, citing disparity in wife’s gross income as a court clerk of $5,135/mo and that of husband who grossed $8,333/mo. as law librarian. When husband appealed the fee order he pointed out that not only was his income not substantially greater so as to support such a large attorney fee award, but that he has significant costs and expenses including child support and spousal support, after which he was not left with enough income to pay attorneys fees.

Jan 27, 2010

Reducing Child Support When Income Goes Down

In re Marriage of Alter:
This is a recent case that emphasizes how important it is for you to consider reducing child support when your income goes down.

In this case the father had agreed to pay $4,000 per month child support and had agreed that the child support be non-modifiable. Specifically the parties had agreed that Father’s obligations to pay child support “shall be absolutely non-modifiable downward throughout the term that child support shall remain in effect.” However, for several reasons father’s income had dropped since agreeing to the $4,000 per month.

The court of appeals found that regardless of their prior agreement not to modify child support, that child support is modifiable at any time upon showing of a change of circumstances. This case emphasizes that the public policy in California is that child support be modifiable at any time, and that when circumstances change, the court is able to modify child support regardless of any agreement to the contrary. It would also apply to the reverse situation, if the recipient of child support lost their job or received a pay cut they could seek a child support increase.