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The answer is yes if the gifts are reoccurring. The most current case on the point is In re the Marriage of ALTER (2009) 171 Cal App 4th 718. That case has a good analysis of the use of gifts as income with a short history on other cases that have also looked at gifts.
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There are several issues with your case. First, if there are child support arrears they can take your tax refund to satisfy the arrears. The only way to stop that is to apply the refund to next year’s taxes but that will not stop the State refund from being intercepted. Second. If you are going on general relief you need to have the support order modified. The order will continue to accrue until it is modified. Just because DCSS is not collecting does not mean it is not accruing. You...
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I do not know of any statistical data that has been collected on the percentage of cases where spousal support is paid. Each case is different and has its own unique set of facts. Length of marriage, standard of living during the marriage, income of the parties, cohabitation, and on and on. You would need to talk with a Family Law attorney to see if spousal support is an issue with your case. If your incomes are close then the possibility of a spousal support order is low but you still need...
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The court is the only one that can continue a trial. Agreeing with opposing counsel is not enough. You need to file an Ex Parte request to continue the trial. The earlier the better so the court has the ability to use the time for something else. The Ex Parte or emergency hearing will need to tell the court why you need to continue the matter. Retaining new counsel is always a good excuse for a continuance. Needing an attorney to protect your constitutional rights on the contempt is a...
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If you have lived in Las Vegas with your daughter for at least the last six months then you need to seriously talk with a Las Vegas Attorney concerning your divorce. Your case might need to be heard in Las Vegas as since that is where the child resides. This appears to be a jurisdictional issue that should be discussed with an attorney. If you have not been in Nevada for the past six months then you could file a response to the dissolution so long as a default has not been requested....
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You can only file for dissolution of marriage in the county you resided in for the last three months. You can for legal separation in a county you just moved to so long as that county is now your current residence. Service by certified mail is only valid if you personally sign for the paperwork. Venue or what court a case is heard in is determined by who serves first. If you want to make sure the case is in your county then file first thing Monday morning and have him served first. Then...
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The timeline for a Notice of Appeal when a Motion for Reconsideration is filed is under Rule of Court 8.108 that states: (e) Motion to reconsider appealable order If any party serves and files a valid motion to reconsider an appealable order under Code of Civil Procedure section 1008, subdivision (a), the time to appeal from that order is extended for all parties until the earliest of: (1) 30 days after the superior court clerk or a party serves an order denying the motion or a notice...
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Sanctions under Family Code 271 are usually in the form of a fine or attorney fees. There are other sanctions like terminating sanctions, issue sanctions, and discovery sanctions. I do not know what you are looking for.
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You need to maintain health insurance on your Ex until you are legally divorced and there is a judgment. Once the judgment is issued your spouse will be offered COBRA benefits and she could secure her own insurance. It is possible for the court to consider the COBRA premiums in calculating her final spousal support order. The final calculation of spousal support can be very complicated and you should discuss this with a family law attorney.
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The case that is directly on point is In re the Marriage of White (1987) 192 Cal.App.3d 1022. In that case one party received the entire retirement account in exchange for other assets. That retirement account was later used as a source of income for spousal support payments. That case suggested that language could have been added that excluded the retirement income from future spousal support because it was part of the property division. A commentator of that case stated: This is what is...
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