Legal Articles, General Practice
[WATCH] "Care Custodians in California Probate Law" by Newport Beach Real Estate Attorneys
In California, a Care Custodian is a legal arrangement in which a court appoints an individual or entity to make decisions and provide care for an adult who is unable to care for themselves due to physical or mental limitations.
Care Custodians in California Probate Law
In a previous article, we discussed the omitted spouse statute in California, which provides for the decedent’s surviving spouse when the decedent has failed to provide for said spouse in their will or trust.
Royalties from Book Sales Significant Income, Reconsideration of Property Division in Light of Double Dipping
In a post-judgment divorce action, the Appellate Court of Connecticut found that royalties from book sales constitute a significant source of income, and cannot be subject to both property division and alimony determinations.
Despite Earning Little Income During Marriage, Husband’s Earning Capacity Controlled Alimony and Child Support Awards
In a divorce action, the Superior Court of Connecticut, Judicial District of Fairfield at Bridgeport considered a plaintiff wife’s request to dissolve her marriage of twelve (12) years, and how to calculate child custody and alimony payments.
Court Rules that Father’s Child Support Obligation Did Not Automatically End Upon Child’s Eighteenth Birthday
A decision rendered in the Superior Court for the Judicial District of Hartford illustrates the consequences of failing to file a motion to modify child support in a timely manner. In this particular case, the parties obtained a divorce in 1994. At that time, they agreed that the husband would pay child support for their minor child. Several years later, the parties stipulated to an increase in the husband’s obligation. However, none of the agreements contained language specifying when the husband’s child support obligation would end.
In Post-Judgment Matrimonial Action, Court Denies Motion to Modify Life Insurance Policy
In a post-judgment dissolution of marriage action pending in the Judicial District of Stamford, the Court denied an ex-husband’s motion to modify his life insurance policy, even though it modified, and drastically reduced, his alimony obligation. By way of background, the parties’ marriage was dissolved on November 5, 1999 after they entered into a separation agreement. Pursuant to that agreement, the Husband was obligated to maintain a life insurance policy with a face amount of $250,000 naming his ex-wife as an irrevocable beneficiary thereof. At that point, the ex-husband’s net monthly income was $9,829.51.
Court Modifies Alimony Based on Cohabitation
In a post judgment divorce action, the Court found that the ex-wife was cohabitating with another person, and, therefore, modified the ex-husband’s alimony obligation. Pursuant to the parties’ separation agreement, the husband was obligated to pay to the wife alimony in the amount of $1,300 per month for a period of eight years. The parties agreed that the amount of said alimony could later be modified, however, the duration could not unless the plaintiff remarried.
Father Seeks Reimbursement For Costs In Raising Defendant’s Child
In 2013, the Supreme Court of Connecticut considered the question of whether a putative father, who was deceived by the child’s mother and biological father as to the child’s paternity, may recover from the biological father money spent raising the child under the mistaken belief that he was the father.
Custody and Relocation: Requesting Permission to Move with Minor Children
In the years following divorce, many custodial parents are faced with the challenge – and the associated legal hurdles – of determining whether they are permitted to relocate out of state or across the country with any minor children of the marriage. The non-custodial parent may object to the decision and the move, and if the parties cannot agree, ultimately a judge will be empowered to determine whether the relocation will be allowed. The law governing this decision is set forth in our state statutes and governing case law.
In Dissolution of Marriage Action, Court Orders Both an Allocated and Unallocated Alimony Award
In a dissolution of marriage action, the Court ordered a husband to pay to his wife unallocated alimony and child support for a period of two and one-half years, followed by allocated alimony and child support for a period of six years. The parties originally met in 1998 and were married for 13 years. They were the parents of two children, both of whom were minors at the time of trial.