Articles Archive

Stern v. Stern

Alleging that his son had been wrongfully retained in Iowa by mother, father petitioned in the district court under the International Child Abduction Remedies Act (ICARA) for the son's transfer to Israel for custody adjudication there.

By Diana Shepherd, CDFA®Updated: September 19, 2018

Alleging that his son had been wrongfully retained in Iowa by mother, father petitioned in the district court under the International Child Abduction Remedies Act (ICARA) for the son's trans... Read more

Shvetsova v. Paderno

Although the Family Court did not explicitly state the amount of income imputed to the father, in effect, it imputed to him an income of $80,000, since it left in place the basic support obligation previously determined, which was based on the father's income in 2001, when he was employed by JP Morgan.

By Diana Shepherd, CDFA®Updated: September 25, 2018

Although the Family Court did not explicitly state the amount of income imputed to the father, in effect, it imputed to him an income of $80,000, since it left in place the basic support obl... Read more

Niederman v. Niederman

In determining the issue of alimony in a dissolution of marriage proceeding, the trial court imputed income to the former wife from annuities and Individual Retirement Accounts (IRAs) which were distributed to her as equitable distribution.

By Diana Shepherd, CDFA®Updated: September 25, 2018

In determining the issue of alimony in a dissolution of marriage proceeding, the trial court imputed income to the former wife from annuities and Individual Retirement Accounts (IRAs) which... Read more

In re Marriage of Strieby

While maintenance by decree may be modified by the court upon a showing of material change in circumstances, maintenance settled by a separation agreement that is incorporated into the divorce decree is not always subject to subsequent modification by the court .

By Diana Shepherd, CDFA®Updated: September 20, 2018

While maintenance by decree may be modified by the court upon a showing of material change in circumstances, maintenance settled by a separation agreement that is incorporated into the divor... Read more

In re Marriage of Howell

The statute providing that a premarital waiver of spousal support without independent counsel is unenforceable does not apply retroactively to premarital agreements signed before the effective date of the statute, since the statute does not merely clarify prior law, but rather substantially changes it.

By Diana Shepherd, CDFA®Updated: September 25, 2018

The statute providing that a premarital waiver of spousal support without independent counsel is unenforceable does not apply retroactively to premarital agreements signed before the effecti... Read more

Laussermair v. Laussermair

There was no public policy violation in the provision of the settlement agreement converting child support payment to a a college educational account because that provision did not relieve ex‑husband of his duty to support his minor child entirely or permanently.

By Diana Shepherd, CDFA®Updated: September 20, 2018

There was no public policy violation in the provision of the settlement agreement converting child support payment to a a college educational account because that provision did not relieve e... Read more

In re Marriage of Kochan

What happens when a 40-year employee of the California State University system is told by the trial court that he can earn more money by taking his retirement benefits and returning to work part time so he can have an enhanced earning capacity upon which a higher spousal support order will be based?

By Diana Shepherd, CDFA®Updated: September 24, 2018

What happens when a 40-year employee of the California State University system is told by the trial court that he can earn more money by taking his retirement benefits and returning to work... Read more

In re Kurowski

When divorced parents are unable to agree on such educational choices for their minor children, however, courts are called upon to make these difficult and sensitive decisions, often in a highly contentious atmosphere – which may be all the more so if the parents’ divergent views are affected by their individual religious beliefs.

By Diana Shepherd, CDFA®Updated: September 24, 2018

When divorced parents are unable to agree on such educational choices for their minor children, however, courts are called upon to make these difficult and sensitive decisions, often in a hi... Read more

In re A.P.P

Substantial evidence supported finding that father engaged in conduct that was contrary to his parental relationship, which supported award of parental interest to child's step‑father after child's mother died.

By Diana Shepherd, CDFA®Updated: September 25, 2018

Substantial evidence supported finding that father engaged in conduct that was contrary to his parental relationship, which supported award of parental interest to child's step‑father after... Read more

Hutchings v. Hutchings

Wife appeals alleging that the trial court failed to consider the relevant factors under Oklahoma law in setting support alimony, and that the nominal award was against the clear weight of the evidence.

By Diana Shepherd, CDFA®Updated: September 12, 2015

Wife appeals alleging that the trial court failed to consider the relevant factors under Oklahoma law in setting support alimony, and that the nominal award was against the clear weight of t... Read more

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