Support

Question 1

FC 3901

Answer 1

CS to age 19 or HS for C who is not self-supporting or emancipated

Question 2

Hoffemeister

Answer 2

Late IE results in continuance or order striking it

Question 3

Andreen

Answer 3

MSOL must apply to both parties, not just supported party

Question 4

Duration of Fiduciary Duty for Support

Answer 4

2102(c) and 721 obligation terminates when final order is entered (Sorge)

Question 5

Chakko

Answer 5

Fale, misleading, or inconsistent statements can server as basis for support determination

Question 6

Calcaterra & Badaks

Answer 6

Court can rely on loan applications

Question 7

DeGuigne

Answer 7

Court can consider history of spending including assets in fixing support to deviate from GL

Question 8

County of Orange v. Smith

Answer 8

Sublet space is income for CS

Question 9

Marriage of Loh

Answer 9

Tax returns are presumptively correct

Question 10

County of Kern v. Castle

Answer 10

CS: Corpus of inheritance is not income, investment return is

Question 11

Bonus income for CS

Answer 11

Andrade: predictable recurring bonuses must be included as prospective earnings

Mosley: potential future bonus income if dependent on performance and profitability should be subject to Smith/Ostler

Question 12

Stock Options for CS

Answer 12

Kerr: stock options considered as income for guideline calculation (percent of amount after taxes not to exceed reasonable needs)

Question 13

CS: Unrealized gain in equity in family residence

Answer 13

Per Henry is not income for CS

Question 14

CS: FRV of mortgage free residence

Answer 14

Under Schafley, cannot be used to calculate GLCS but may be a basis for deviating

Question 15

CS: Life insurance proceeds

Answer 15

Scheppers: not income for CS but earnings on corpus are

Question 16

Heiner

Answer 16

Undifferentiated lump sum PI recover is not income available for support since the lost wages component is not identified

Question 17

CS: Undifferentiated lump sum PI

Answer 17

Heiner: not income available since lost wages component is not identified

Question 18

Pearlstein: Unrealized stock appreciation

Answer 18

Not income for CS unless sales proceeds are not reinvested

Question 19

Schulze

Answer 19

Parental gifts not income for support (parents were H’s employer)

Question 20

Alter

Answer 20

Regular, reoccurring monthly distributions coupled with questionable and late produced loan documents executed by H

Question 21

Kevin Q

Answer 21

Payment o f monthly living expenses on a regular and continuous basis is relevant on the issue of income for fees

Question 22

Williamson

Answer 22

History of contribution of annual gifts and payment of expenses characterized as advances against inheritance are not income for CS

Question 23

Blazer and Disputed Income

Answer 23

TCT has broad discretion to determine amount and source for support if income is disputed

Question 24

Blazer

Answer 24

PSS: Where both experts agree that business was thinly capitalized, TCT did not abuse discretion by attributing income to business instead of to H

Question 25

Judicial Notice of Classified Ads

Answer 25

LaBass & Munsee

Question 26

LaBass & Munsee

Answer 26

TCT may take judicial notice of classified job ads

Question 27

Serna

Answer 27

Excessive hours or onerous schedule should not be considered in imputing income

Question 28

Padilla

Answer 28

Voluntary career change, even in good faith, is not a defense to imputation of income

Question 29

Hinman and LaBass & Munsee

Answer 29

Imputation permissible for parents of preschool aged children

Question 30

Seek work order for training

Answer 30

FC 3558

Question 31

FC 3558

Answer 31

Seek work order for training

Question 32

FC 4052

Answer 32

TCT shall adhere to GL and may only depart in special circumstances

Question 33

Henry

Answer 33

TC cannot consider unrealized equity

Question 34

FC 4057

Answer 34

GL presumed correct unless rebutted

Question 35

4057.5

Answer 35

New spouse income cannot be considered unless rebutted

Question 36

FC 4060

Answer 36

Monthly net/12 unless it does not accurately reflect actual or prospective income (Andrade, Riddle, Mosley)

Question 37

Illas

Answer 37

No modification of CS & SS for pharmacist who quit job for medical school

Question 38

CS earning capacity may be based on FMV of asset even if negative cash flow

Answer 38

Dacumos

Question 39

Destein

Answer 39

TC discretion to impute risk free reasonable rate of return, bad faith not required

Question 40

Dacumos

Answer 40

CS earning capacity may be based on FMV of asset even if negative cash flow

Question 41

4062(a)

Answer 41

Mandatory add ons 1. Child care costs related to employment/education 2. Reasonable uninsured health care costs

Question 42

4062(b)

Answer 42

Discretionary add ons 1. Educational or the special needs 2. Visitation travel expenses

Question 43

4063

Answer 43

Mandatory payment procedures for uninsured health care costs