Category: Spousal Support

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

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Tags marital standard of living, Spousal Support, standard of living

Child Support Move Aways (Child Relocation) Spousal Support

Judge Allows Child Relocation to Sweden

Post author By Scott
Post date September 26, 2014

A Nevada Clark County Family Court judge, and the Nevada Supreme Court have allowed a woman to relocate herself and her two young daughters to Sweden.

Original Ruling Upheld

Just a year after Shane and Cecilia Peterson’s divorce, Judge William Gonzalez granted Cecilia to move the two girls the couple share to her birthplace, Sweden. They left just two days before Christmas. Shane appealed the decision to Nevada’s higher court. But the Nevada Supreme Court’s recent ruling affirms Judge Gonzalez’s decision of primary custody and to let the children and mother relocate out of the country.

Hopes of Breaking New Legal Ground

Shane’s lawyer, Bruce Shapiro, hoped to make new law with the case, by making it more difficult for parents with Nevada custody cases to relocate out of the country with their children. Shapiro argued that international moves require additional safeguards and considerations. Shane’s appeal brief stated,“International relocation so fundamentally alters the parent-child relationship that the courts must discard any standard that favors the relocating parent and focus solely upon the best interests of the children.”

Sweden Better for Employment and Quality of Life

Cecilia Peterson’s lawyers argued the relocation “was prompted by her struggles with being employed in the United States.” Her lawyers wrote that, “Cecilia was able to show that the move is likely to improve the quality of life for the children and herself.” The Petersons were married in Sweded, and their oldest daughter was born there.The youngest daughter was born in Las Vegas.

Shane Peterson now lives in Henderson. He pays $1,452 a month in child support, and $375 a month in spousal support. He has not decided if he will appeal further. His daughters visited over the summer.

For advice on child relocation after a divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Las Vegas Review Journal, Nevada Supreme Court OKs mom moving kids to Sweden, September 17, 2013

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags child relocation, move away

Divorce Family Law Spousal Support

Paying Alimony to an Accused Murderer

Post author By Scott
Post date September 4, 2014

Having to pay alimony to an ex-spouse can be one of life’s frustrating situations. It’s often an obligation that people just have to grin-and-bear. But for one Utah woman, it’s so much more than an annoyance. For her it means paying alimony to an ex-husband that has been accused of murdering her new husband.

Joy Sidwell

Joy Sidwell of Lindon, Utah, recently asked a judge to allow her stop making the monthly $500 alimony payments to her ex-spouse, Fred Lee. Lee allegedly killed Sidwell’s new husband, Mike Sidwell, in July. According to authorities, Lee, 59, is being held in the Utah County Jail on aggravated murder charges, among others.

Fred Lee

According to court documents, Lee told police he was searching for Sidwell “to kill her,” on July 3. Reportedly, he then entered the Sidwell home searching for his ex-wife, but shot and killed her current husband, Mike Sidwell. “My grandson called me and said, ‘Call [Mike] and tell him we saw grandpa [Fred] hiding behind the van.’ But it was too late, he had already been shot. It’s been a nightmare,” Joy Sidwell said.

Alimony Obstacle

Sidwell had filed stalking complaints against Lee in 2005 and 2007. She also had protective orders issued for him. She feels this issue of alimony is another obstacle in the legal system. “It should be a simple thing. I shouldn’t even have to go to court to do it,” Sidwell said. “They should just see that.” According to Sidwell, Utah State Court Commissioner Thomas Patton told her she is over-reaching. “But I’m like, ‘You don’t know how this guy [Fred Lee] thinks,’” she said. Lee has been awarded alimony due to a head injury that prevented him from working, Sidwell said.

Utah Law

While Utah law does not address unusual situations like this, the government website does reference how the role of material changes with modifying alimony payments. According to Utah state law, “if there are substantial material changes in circumstances not foreseeable at the time of divorce, either party may petition the court for an order modifying alimony. However, the court may not modify alimony to address needs of the recipient that did not exist at the time the decree was entered, unless there are special reasons for doing so.”

Sidwell has plans to return to court on Sept. 15 to petition for the alimony payments to be stopped. Lee will legally be allowed to contest her petition.

For advice on alimony, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: ABC News, Woman Pleads to Stop Alimony Paid to Ex-Husband Accused of Killing New Husband, August 26, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Alimony, Spousal Support

Child Support Divorce Family Law Spousal Support

The Problem with Alimony

Post author By Scott
Post date September 3, 2014

Alimony, also called “spousal maintenance,” is the legal obligation a person has to provide financial support to his or her spouse. This can be claimed either before or after a divorce. Alimony used to be considered a legal right of the spouse that was wronger in the divorce. New no-fault divorce laws have made alimony a conditional legal right that is based on various statutory factors and case laws. But alimony can be a tricky thing, mostly because economically speaking, divorces spouses are not equal. Typically the two spouses have different earnings and earnings potentials. Because of this fact, it falls to family courts to determine and rectify economic inequality that ultimately comes when two people decide to divorce.

No Set Formula

Unlike child support, there are no general standards or formulas for a court to determine the amount and terms of alimony. Because of that, cases that have similar facts and bases have very different outcomes. Alimony also tends to prolong divorces, and nearly 80% of divorces come with a request for alimony modification. Since alimony is so widespread, and since there is so much variance in the rulings, there is an underlying belief that alimony needs to be fixed, and that uniform standards and formulas should be created.

The Problem with a Formula

While a formulaic approach to alimony might sound like a good idea, it’s important to remember just how there is not a “one size fits all” answer for marriages that differ by type, socio-economic reasons, as well as just the facts of a marriage. A simple calculation might be too easy to supplement when full merit of a nonworking spouse’s worth needs to be taken into account. An example of this is the idea that if alimony duration is determined by length of marriage, a woman who falls victim to domestic abuse will face impossible decisions like “should I stay in this marriage until I meet a certain cut-off date for support?”

Re-Focus

Rather than looking for a one-size fits all, it might be best to encourage equal economic allocations and financial control during the marriage, or during the combining of a couple’s finances. Postnuptials and prenuptial agreements should be discussed more thoroughly, as should estate plans that provide for trustees and third-party wealth administrators. Essentially, some financial planning should be done during a divorce, so that the burden of deciding on a person’s finances after a divorce no longer completely falls to a judge or a court.

For advice on alimony, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Time.com, Alimony Is Broken — But Let’s Not Fix It, September 1, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Child Custody Child Support Divorce Family Law Spousal Support

Duchovny and Leoni Divorce

Post author By Scott
Post date August 11, 2014

When You Might Consider a Lawyer for Personal Injury Claims

David Duchovny and Tea Leoni look to be getting a divorce after 17 years of marriage. After months of being legally separated, Duchovny, 54, filed for divorce from estranged wife Leoni, 48, in June.

Irretrievable Breakdown

Divorce papers filed by the “Californication” actor cite an “irretrievable breakdown” as the cause of the split. An “irretrievable breakdown,” also known as “irreconcilable differences” means that in the view of the courts, the marriage is over, there’s no way it can be fixed, and the spouses are not interested in making it work. In most states an irretrievable breakdown means a spouse can get a “no-fault” divorce, meaning that any wrong doing by one spouse or the other spouse does not matter, and neither spouse is to blame for the failure of the marriage. If you and your spouse agree the marriage is irretrievably broken, you can both sign an affidavit, under oath, that states the marriage is broken and why it’s broken. A family law attorney will be able to advise you on your divorce rights, as laws vary from state to state.

Settlement Reached Independently

Allegedly, the couple worked out their own terms of the divorce settlement on their own, coming to their own agreements regarding spousal support and child support. The stars both currently reside in the New York City. Reportedly they will share joint legal custody of their daughter, Madelaine West, 15, and son Kyd Miller, 12. Leoni will have primary physical custody and Duchovny will pay $40,000 in spousal support, as well as $8,333 monthly in child support. Reportedly, he will also be responsible for all other expenses related to the children, including: summer camps, private schools, and colleges.

Past Troubles

Duchovny and Leoni wed in 1997. They split in 2008 while the former “X-Files” star underwent sex addiction treatment. They reconciled shortly after, but later separated a second time in 2011.

For advice on family law and all it’s aspects, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: People, David Duchovny and Téa Leoni Are Divorcing, August 9, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Support, Divorce, irreconcilable differences, irretrievable breakdown, Spousal Support

Divorce Family Law Spousal Support

Understanding Spousal Support

Post author By Scott
Post date July 31, 2014

“Spousal support” or “partner support” (in domestic partnerships), and “alimony” is when a couple separates or divorces, the court decides a spouse will need to pay the other spouse a certain amount of money as a form of support.

Contributing Factors to Determining Spousal Support

There are many contributing factors that determine the amount of spousal support, what the terms are, and how it can affect your taxes. A family law attorney will be able to walk you through the various steps of understanding spousal support, whether the courts decide you need to pay it, or if you need to receive it.

Changing a Spousal Support Decision

Often times a spouse or domestic partner might request that the amount of spousal or partner support be changed. For this change to be granted a “change in circumstances” will need to be proven. This means that a significant change, such as a job loss, has taken place. Occasionally the spouse or partner receiving support no longer needs it. A change in circumstances can also mean that the spouse/partner receiving support is not working towards becoming self-sufficient financially. When this occurs, the spouse/partner paying the support can request the court change the support order to reflect this inaction.

Report any Changes in Circumstances Immediately

It’s important to note that if you are paying the spousal/partner support you will still be required to pay the full amount of support the court ordered until the change of circumstances is proven, even if your financial situation has changed. So if you lose your job and do not change your spousal/partner support until three months after losing your job, you will still be required to pay three months worth of support, even if you are not able to. An interest rate of 10% is also adhered to that unpaid balance. Because of this, it is crucial that if you have a change of circumstances, you need to address it in court immediately.

For advice on family law and all it’s aspects including spousal support and alimony, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: California Courts, Spousal/Partner Support, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550