Support and Other Issues Flashcards
(260 cards)
1
Q
A proceeding for enforcement of another state’s support order may be initiated under ______
A
UIFSA - Fam. Code 5700.101 et. seq.
2
Q
An agreement between parties or order that combines child and spousal support without designating the amount for each.
A
Definition of family support
- Fam. Code 92
3
Q
Except as otherwise provided, support orders may be modified or terminated _______.
A
At any time the court deems necessary.
-Fam. Code 3651
4
Q
Income withholding orders from other states are enforceable in CA _________.
A
Without registration of the order.
-Fam. Code 5700.501 et. seq.
5
Q
(1) The order has been registered
(2) The petition seeking modification is verified, and (3) Provides the essential information such as names, addresses, social security numbers, etc. of each party.
A
Requirements for court to modify out-of-state order
- Fam. Code 5700.311
6
Q
Discoverable for all support proceedings.
A
Tax Returns - Fam. Code 3552
7
Q
The parties are each required to file _______ for any proceeding involving support.
A
A current I&E
- CRC Rule 5.260
8
Q
A current I&E is required to modify support to show _________
A
A material change in circumstances.
-Marriage of Tydlaska (2003) 114 Cal.App.4th 572
9
Q
The court has the authority to strike an I&E that is ____.
A
Deficient, incomplete, or evasive under Evid. Code 412.
-Marriage of Hoffmeister (1984) 161 Cal.App.3d. 1163
10
Q
A
11
Q
Orders may designate “family support” an unallocated total sum for spousal and child support without specifically labeling any portion “child support” so long as
A
The amount is adjusted to reflect the effect of additional deductibility.
- Fam. Code 4066
12
Q
A
13
Q
In determining income for a party, the court must use a sample of income that is ______.
A
Fair and representative, based on reasonable predictability.
-Riddle v. Riddle (2005) 125 Cal.App.4th 1075
14
Q
It was within the court’s discretion to consider past _________
A
business income as a guide for future earnings.
-Marriage of Berman (2017) 15 Cal.App.5th 914
15
Q
_________ may justify looking at a longer period of time for calculation of the representative period for determining ability to pay.
A
Significant fluctuation of income
-Marriage of Pletcher (2021) 68 Cal.App.5th 906
16
Q
_______ can serve as a basis for evidentiary sanctions, allowing the court to draw adverse inference from the documents presented (i.e. loan application does not match I&E).
A
A party who provides false or misleading information, or inconsistent statements
-Marriage of Chakko (2004) 115 Cal.App.4th 104
17
Q
The court can rely on __________ to determine income.
A
Loan applications
-Marriage of Calcaterra & Badakhsh (2005) 132 Cal.App.4th 28
18
Q
It was improper for the court to consider a lump sum severance for support without ________
A
Amortizing it.
-Marriage of Tong & Samson (2011) 197 Cal.App.4th 23
19
Q
The court has the authority to order additional support, based upon ___________
A
A percentage of party’s future bonuses.
-Marriage of Ostler & Smith (1990) 223 Cal.App.3d 33
20
Q
Perquisites may be included as income available for support if _______
A
tax impacted.
-Marriage of Schulze (1997) 60 Cal.App.4th 519
21
Q
Public policy to support the court’s application of determining someone’s _______in setting support.
A
earning capacity
-Marriage of Regnery (1989) 214 Cal.App.3d 1367
22
Q
The court may take judicial notice of ______ in determining earning capacity.
A
Job ads
-Marriage of LaBass & Munsee (1997) 56 Cal.App.4th 1331
23
Q
Burden of proof for earning capacity is on the ______
A
party seeking to impute.
-Marriage of Bardzik (2008) 165 Cal.App.4th 1291
24
Q
Figures for earning capacity must have a _________
A
tangible evidentiary foundation.
-Marriage of Cohn (1998) 65 Cal.App.4th 923
25
Incarcerated party may be imputed if it is shown they have __________.
The ability and opportunity to work in prison
-Marriage of Smith (2001) 90 Cal.App.4th 74
26
It is speculative to assume a party will _________
pass a test required to obtain employment (i.e. the bar or medical license)
-Licudine v. Cedars-Sinai (2016) 3 Cal.App.5th 881
27
Imputation may be applied to a parent of a ______ age child.
preschool
-Marriage of Hinman (1997) 55 Cal.app.4th 988
28
Imputation is capped at a reasonable _______
work regimen (i.e. no requirement to impute with excess hours).
-Marriage of Simpson (1992) 4 Cal.4th 225
29
______ hours should not be considered in imputing income.
Excessive
-Marriage of Serna (2000) 85 Cal.App.4th 482
30
Voluntarily changing careers, even in good faith, is _______
not a defense to imputation.
-Marriage of Padilla (1995) 38 Cal.App.4th 1212
31
It was error of the court in failing to determine if imputation to a parent was _______
in the best interest of the children.
-Marriage of Ficke (2013) 217 Cal.App.4th 10
32
Proper to impute party where he had the opportunity to keep his job but chose to divest his support obligations by ________
participating in workplace misconduct (i.e. diverting clients away to reduce his income).
-Marriage of McHugh (2014) 231 Cal.App.4th 1238
33
No imputation to a party who was fired for surfing porn at work since ______
the act was not to voluntarily divest himself of the job.
-Marriage of Eggers (2005) 131 Cal.app.4th 695
34
Improper to impute earning capacity to unemployed person over _____
65.
-Marriage of McLain (2017) 7 Cal.App.5th 262
35
The court may order a party to submit to an examination by a vocational training counselor. Must assess a party's ability to obtain employment based on:______
(1) age, health, and education
(2) marketable skills and employment history, and
(3) current availability of employment opportunities.
-Fam. Code 4331
36
Vocational evaluation may only be ordered if _____
Support is at issue.
-Marriage of Stupp and Schilders (2017) 11 Cal.App.5th 907
37
Substantial evidence must support the opinions of ______
the vocational evaluator.
-Marriage of Pearson (2018) 21 Cal.App.5th 218
38
The court has continuing exclusive jurisdiction over child support _______
until all parties have left the state or consent in writing.
-Fam. Code 5700.205
39
The court may order “expedited” child support orders.
Fam. Code 3620 et. seq.
40
The court may order a deferred sale of the marital home ____
so long child support can be ordered in the case.
-Fam. Code 3800 et. seq.
41
The court must take all circumstances into consideration when deferring a sale including _________
Emotional attachment of the possessing party and children, and
Determining whether there would be an adverse impact to the party out of possession resulting from loss of present income.
-Marriage of Duke (1980) 101 Cal.App.3d 152
42
The court may order an amount of child support _____
necessary for the support of the child.
-Fam. Code 4001
43
The court may order a separate trial and _____ is given preference over all issues other than custody (which shall be tried at the same time).
Child support
-Fam. Code 4003
44
Even if stipulated to, the court’s jurisdiction over child support may not be ______
divested as this goes against public policy.
-Marriage of Lambe & Meehan (1995) 37 Cal.App.4th 388
45
Cannot delegate jurisdiction of child support to ______, even if agreed to.
binding arbitration
-Marriage of Bereznak & Heminger (2003) 110 Cal.App.4th 1062
46
The court may order a parent to reimburse a 3rd party who furnishes ______.
necessaries for a child when the parent neglects to do so.
-Fam. Code 3950
47
Exception to order a parent to reimburse a 3rd party who furnishes necessaries for a child
If child abandons the parent without just cause.
-Fam. Code 3951(b)
48
The court may order job training and work programs for child support.
Fam. Code 3558
49
Court may order the parent to file reports every two weeks listing at least ________
5 different places they have applied for work.
-Fam. Code 4505
50
The court has discretion to make _______ under the overarching policy that a requirement of a parent to support their children is consistent with the ability to pay.
seek work orders
-Haley v. Antunovich (2022) 76 Cal.App.5th 923
51
At the request of either party, the court shall make findings with respect to the circumstances upon which the order is made.
Fam. Code 4005
52
If a parent with a duty to pay child support willfully fails to do so, the other parent, or the child by a guardian ad litem, may _________
bring an action against the parent to enforce the duty.
-Fam. Code 4000
53
______ may proceed on behalf of a child to enforce child support. They are subject to any limitation imposed by the law of this state. The court may also order parent to pay reasonable attorney’s fees to the county.
The county.
-Fam. Code 4002
54
Provisions regarding child support are ______ from other provisions of an agreement between the parties.
severable
-Fam. Code 3585
55
If ________, the court may estop the custodial parent from seeking payment of child support arrearages which accrued during the period of concealment.
the custodial parent conceals a child until age of majority (not just mere interference)
-Marriage of Damico (1994) 7 Cal.4th 673
56
Father and mother of a minor child have ______ to support their child in the manner suitable to the child’s circumstances.
an equal responsibility
-Fam. Code 3900
57
The duty to support continues until ______
18 and graduated OR 19 years, whichever occurs first.
-Fam. Code 3901
58
Duty to support includes when the child is attending ______
alternative programs and/or classes.
-Marriage of Hubner II (2001) 94 Cal.App.4th 175
59
Father and mother have an equal responsibility to maintain, to the extent of their ability, a child of whatever age who ______
is incapacitated from earning a living and without sufficient means.
-Fam. Code 3910
60
Loss of benefits for the child if he/she becomes employed is _____
not a proper consideration for adult child support.
-Marriage of Cecilia and David W (2015) 241 Cal.App.4th 1277
61
Parties have a duty to disclose receipt of _____
public assistance.
Fam. Code 4004
62
Parties may agree in writing to support orders. The mutual consent is ______
considered sufficient consideration.
-Fam. Code 3580
63
If support is set to terminate upon a contingency (i.e. age, etc.) and the payee fails to notify the payor of the happening of the contingency and continues to accept the payments, the court may _______
order the party to refund all monies accrued after the happening of the contingency.
-Fam. Code 4007
64
If the noncustodial parent begins receiving federal government benefits from Social Security, Railroad Retirement, or Veterans benefits, they shall notify the custodial parent. Once notified, the ______ shall contact the agency determining eligibility for benefits for each child. Any benefits paid will be credited against the ________.
custodial parent ; noncustodial party’s CS obligation
-Fam. Code 4504 (a) and (b)
65
If the custodial parent refuses to apply for government benefits, the noncustodial parent shall ______
receive a credit for benefits against CS that the child would otherwise be eligible for.
-Fam. Code 4504(c)
66
______ are not income of the noncustodial parent for CS as the noncustodial parent is not actually receiving it.
The derivative benefits paid to the child
-Marriage of Daugherty (2014) 232 Cal.App.4th 463
67
A ____ finding is mandatory
guideline
-Fam. Code 4052
68
A parent’s first and principal obligation is ______
to support the parent’s minor child according to the parent’s circumstances and station in life.
-Fam. Code 4053(a)
69
Both parents are mutually responsible for the support of their children.
Fam. Code 4053(b)
70
The guideline takes into account ______
each parent’s actual income and level of responsibility for the children.
-Fam. Code 4053(c)
71
Each parent should pay for the support of the children according to _______
the parent’s ability.
-Fam. Code 4053(d)
72
The guideline seeks to place the interests of children as the state’s top priority.
Fam. Code 4053(e)
73
Children should share in the _____.
Standard of living of both parents.
Fam. Code 4053(f)
74
Child support orders where both parents have high levels of responsibility for the children should ____
reflect the increased costs of raising children in two homes and minimize significant disparities.
-Fam. Code 4053(g)
75
Guideline support is presumptively correct.
Fam. Code 4053(k)
76
Adult child support is determined under ________
the uniform guideline rules.
-Marriage of Drake (1997) 53 CAl.App.4th 1139
77
Adult child support should not be paid to the other parent where the adult child ________
does not live with the parent and the parent does not pay for the basic living expenses of the child. The payment should be made to the legal representative (in this case a treatment facility).
-Marriage of Drake (2015) 241 Cal.App.4th 934
78
Annual gross income includes ______
commissions
salaries
royalties
wages
bonuses
rents
dividends
pensions
interest
trust income
annuities
workers’ compensation benefits
unemployment
disability
social security, and
spousal support received from a non-party.
-Fam. Code 4058(a)(1)
79
Recurring ________ are properly considered in setting child support.
parental gifts, loans, and contributions to living expenses
-Marriage of Alter (2009) 171 Cal.App.4th 718
80
A sublet of space to a tenant ______
is income for purposes of CS.
-County of Orange v. Smith (2005) 132 Cal.App.4th 1434
81
_____ of inheritance is not income for support BUT ____ in the inheritance is.
Corpus ; investment return
-County of Kern v. Castle (1999) 75 Cal.App.4th 1442
82
______ recurring bonuses must be included in prospective earnings.
Predictable
-County of Placer v. Andrade (1997) 55 Cal.App.4th 1393
83
Potential future bonus dependent on _____ should be subject to Ostler/Smith.
performance and profitability
-Marriage of Mosley (2008) 165 Cal.App.4th 1375
84
Speculative investment income from unrealized equity in the family residence ________
is not income for CS.
-Marriage of Williams (2007) 150 Cal.App.4th 1221
85
Fair rental value of mortgage free residence is not income for CS _______
but could be a basis for deviating from guideline.
-Marriage of Schlafly (2007) 149 Cal.App.4th 747
86
Life insurance proceeds are not income for CS ______
but earnings on the corpus may be.
-Marriage of Scheppers (2001) 86 Cal.App.4th 646
87
___________ is not income for CS because lost wage component is not identified.
Undifferentiated lump sum PI recovery
-Marriage of Heiner (2006) 136 Cal.App.4th 1514
88
Undifferentiated annuity PI recovery is not income for CS.
Marriage of Rothrock (2008) 159 Cal.App.4th 223
89
Unrealized value of stock is not gross income for CS _______
however business sale proceeds not reinvested in other assets can be considered as income.
-Marriage of Pearlstein (2006) Cal.App.4th 1361
90
Where a party deliberately does not pay taxes, ______
the court can consider the income tax free.
-Marriage of McQuoid (1991) 9 Cal.App.4th 1353
91
Free housing is considered _____.
Income for guideline CS
Stewart v. Gomez (1996) 47 Cal.App.4th 1748
92
Stock options may be considered income for guideline CS _______
but may be limited to “reasonable needs.”
-Marriage of Kerr (1999) 77 Cal.App.4th 87
93
Once there are no longer any restrictions on a party’s ability to exercise stock options and sell his shares, ________
the options must be counted as income for support. T/Ct failed to justify cap on parent’s child support as extraordinary high earner.
-Marriage of Macilwaine (2018) 26 Cal.App.5th 514
94
______ are income for guideline support. Voluntary ____ must be included in net disposable income for guideline CS.
Tax returns ; 401(k)
-Marriage of Morton (2018) 27 Cal.App.5th 1025
95
Depreciation on real estate investment is included as _______ for guideline CS.
nontaxable income
-Asfaw v. Woldberhan (2007) 147 Cal.App.4th 1407
96
Additional tax burden from a new spouse ______
should be considered for guideline CS.
-Marriage of Carlsen (1996) 50 Cal.App.4th 212
97
One-half of community investment income from new marriage _______
shall be included as income.
-Marriage of Knowles (2009) 178 Cal.App.4th 35
98
The income of a subsequent spouse or nonmarital partner shall not be considered except in extraordinary circumstances where ______
Excluding it would lead to extreme and severe hardship to the child including
voluntarily or intentionally quitting work or
reducing income or intentionally remaining unemployed or underemployed.
-Fam. Code 4057.5
99
Annual gross income includes income from the proprietorship of a business including gross receipts from the business reduced by _____.
Expenditures required for the operation of the business
Fam. Code 4058(a)(2)
100
Depreciation including 179 deductions are not “cash outlays” which Fam. Code 4058 intends. Tax returns are not presumptively correct.
Marriage of Hein (2020) 52 Cal.App.5th 519
101
The court may deviate from considering actual expenses if _________
it determines it is not reflective of the parent’s earning capacity.
-Sorge v. Sorge (2012) 202 Cal.App.4th 626
102
The court can consider _______ in lieu of actual income, consistent with the best interest of the child.
the earning capacity of a parent
Fam. Code 4058(b)(1)
103
The court shall consider the parent’s circumstances including: _________
(1) parent’s assets
(2) residence
(3) employment and earning history
(4) job skills
(5) educational attainment
(6) literacy, age, and health
(7) criminal record
(8) record of seeking work, job market, and availability of employers willing to hire
(9) earning levels in the area, and
(10) other relevant factors.
Fam. Code 4058(b)(2)
104
The court has discretion to impute a reasonable _______ on non-income producing assets
a reasonable rate of return
Marriage of Destein (2001) 91 Cal.App.4th 1385
105
The court has discretion to impute earnings on _________ that are not reinvested
liquidated capital assets
County of Kern v. Castle (1999) 75 Cal.App.4th 1442:
106
The imputation of rate of return on assets must be reasonable and supported by __________
substantial evidence
Marriage of Usher (016) 6 Cal.App.5th 347
107
The court shall deduct from gross annual income: _________
(1) taxes
(2) FICA
(3) mandatory union and retirement, (4) health insurance premiums
(5) child or spousal support being paid
(6) job-related expenses that are necessary, and
(7) hardship if appropriate
Fam. Code 4059
108
Circumstances evidencing hardship include: __________
(1) extraordinary health expenses for which the parent is financially responsible
(2) uninsured catastrophic losses, and (3) minimum basic living expenses of other children for whom the parent has an obligation to support who reside with them but deduction cannot exceed amount of CS on a per child basis
Fam. Code 4071
109
Hardship does not apply to ________
Stepchildren
Haggard v. Haggard (1995) 38 Cal.App.4th 1566
110
May/May not financial hardship resulting from the birth of twins
May
Marriage of Paulin (1996) 46 Cal.App.4th 1378
111
Partial payment of __________ is not a financial hardship
the mortgage obligation on a parent’s home
Marriage of Butler & Gill (1997) 53 Cal.App.4th 462
112
Support of ________ is not a hardship deduction
parents and 2 siblings
County of San Diego v. Sierra (1990) 217 Cal.App.3d 126
113
The court must state of hardship
the reasons for its grant or denial
Fam. Code 4073
114
Travel costs can/cannot be used to deviate from guideline
Cannot
Marriage of Gigliotti (1995) 33 Cal.App.4th 518
115
Mortgage deduction for new family is a factor if ______
actually deducted on a joint return
Marriage of Carlton & D’Allessandro (2001) 91 Cal.App.4th 1213
116
The timeshare used must be the actual timeshare. The court cannot modify child support simply to ______
coerce the other parent into compliance with visitation orders or to penalize for “interfering” with visitation rights
County of San Diego v. P.B. (2020) 55 Cal.App.5th 1058:
117
Timeshare of the custodial parent can include the time the child is _____ for purposes of child support
in boarding school
Marriage of Katzberg (2001) 88 Cal.App.4th 974
118
Day to day responsibilities, including who picks up the child during school hours if sick, all ______
counts towards timeshare for child support
Marriage of Whealon (1997) 53 Cal.App.4th 132
119
The court can consider a challenge to timeshare based upon _______ for purposes of child support
payments to tuition
other expenses, and
school activities
DaSilva v. DaSilva (2004) 119: Cal.App.4th 1030:
120
When support is set, the court shall require that health insurance coverage for a child shall be maintained by either or both parents if that insurance is available at no cost or at a reasonable cost to the parent. Rebuttably reasonable _____. If currently unavailable, the court may order _______
if it does not exceed 5% of the parent’s gross income.
it be added when it becomes available
Fam. Code 3751
121
A party who maintains insurance for the children has _______
a continuing duty to notify the other party of changes to the insurance
Fam. Code 3752.5:
122
_______, the court may issue an insurance assignment order to ensure enforcement (i.e. notice to the employer to enroll the child).
Upon request by a party or DCSS
Fam. Code 3761
123
Burden of proof to deviate is on _______
the parent seeking deviation
Marriage of Catalano (1988) 204 Cal.App.3d 543:
124
If the court deviates from guideline, it must _____
make a finding under guideline and state the reasons for deviation and why it is in the best interest of the child
Fam. Code 4056
125
Even if the court deviates, it must _______. Use of a fictional gross income is not permitted to determine support
make a guideline finding first
Marriage of Hubner II (2001) 94 Cal.App.4th 175
126
An order deviation from guideline must: _____
(1) find the guideline amount
(2) state the reasons the amount ordered differs, and
(3) state the reasons the amount ordered is consistent with the best interests of the child.
Y.R. v. A.F. (2017) 9 Cal.App.5th 974
127
Failure to state a reason for deviating from guideline _______
is reversible error.
Rojas v. Mitchell (1996) 50 Cal.App.4th 1445
128
The court may _____ if it has deferred the sale of a residence under Fam. Code 3800.
deviate from guideline
Fam. Code 4057(b)(2)
129
For deferred sale of residence, the deviation must not exceed _________.
one-half of the fair rental value
Marriage of Braud (1996) 45 Cal.App.4th 797
130
The court may deviate from guidelines where _______.
(1) the parties have stipulated to another amount,
(2) the sale of the family residence is deferred and the rental value exceeds the mortgage payments,
(3) extraordinarily high earner,
(4) party is not contributing to the needs of the children at a level commensurate with the party’s custodial time, or
(5) application of the formula would be unjust.
Fam. Code 4057(b)(3)
131
The court can consider the history of _________ (even if not producing income) in deviating from support.
spending habits and assets
Marriage of de Guigne (2002) 97 Cal.App.4th 1353
132
New family expenses are ________ in determining CS.
not a proper consideration
Marriage of Romero (2002) 99 Cal.App.4th 1436
133
Deviation from guideline can be based on extraordinarily _________.
high consumer debt obligations
County of Lake v. Antoni (1993) 18 Cal.App.4th 1102
134
The trial court is not required to consider detailed _________ in determining a child's needs or amount of support when extraordinarily high earner.
lifestyle and net worth evidence
White v. Marciano (1987) 190 Cal.App.3d 1026
135
The court may reasonably ______ if it is burdensome or oppressive.
limit discovery
Estevez v. Superior Court (1994) 22 Cal.App.4th 423
136
The court may award above-guideline support when the payor is an ________ when it finds the guideline would be unjust or inappropriate under the circumstances.
extraordinarily high earner
Marriage of Cryer (2011) 198 Cal.App.4th 1039
137
The court cannot rely on ______ to determine reasonable needs of the child. The court must make a finding of why capping support is in the best interest of the children. The burden is on ______ .
historical spending or the child’s current standard of living
the high earner
Marriage of Macilwaine (2018) 26 Cal.App.5th 514
138
The court may deviate upward if there are special ______ of the child.
medical needs
Fam. Code 4057(b)(5)(C)
139
Where the net disposable income of an obligor is less than $1,500 per month, there is a rebuttable presumption _______.
the obligor is entitled to a low-income adjustment
Fam. Code 4055(b)(7)
140
Even if the low-income presumption does not apply, the court may still reduce support based upon other factors such as _______.
virtually no income after support and rent were paid
City & County of San Francisco v. Miller (1996) 49 Cal.App.4th 866
141
The court shall order the following additional child support: _______
(1) child care costs related to employment or reasonably necessary education or training for employment,
(2) reasonable uninsured healthcare cost.
Fam. Code 4062(a)
142
The court must allocate childcare costs reasonably incurred toward ______ to become self-supporting without public assistance.
education designed to improve a parent’s earnings, including a parent’s ability to use education/training
Greiner v. Keller (2019) 36 Cal.App.5th 332
143
The court may order the following additional child support: ______ or _____ for visitation.
costs related to educational or special needs
travel expenses
Fam. Code 4062(b)
144
The court can establish a _____ for travel expenses.
child support trust
Wilson v. Shea (2001) 87 Cal.App.4th 887
145
________ are discretionary add ons, and may be included even if a third party (i.e. parents) are paying for it on behalf of the parties.
Tuition payments
Marriage of Alter (1997) 171 Cal.App.4th 718
146
The court shall apportion add on costs half to each parent UNLESS a _______.
parent requests and justifies the different apportionment through documentation
Fam. Code 4061(b)
147
The court may apportion based upon ______ by reducing that party’s apportionment.
a payor SS
Fam. Code 4061(c)
148
The court ______ new forms of child support add ons.
cannot create
Marriage of de Guigne (2002) 97 Cal.App.4th 1353
149
The court cannot make _______ as a form of child support add on.
payment of attorneys fees
Boutte v. Nears (1996) 50 Cal.App.4th 162
150
The court does not have discretion to create a _______ for college expenses.
child support trust
Marriage of Chandler (1997) 60 Cal.App.4th 124
151
The court can enforce a child support trust for college expenses based upon ________.
agreement of the parties
Marriage of Smith & Maescher (1993) 21 Cal.App.4th 100
152
Where agreed upon college expenses in MSA, the court retains jurisdiction to modify the allocations unless _______
specifically limited by the MSA language.
Marriage of Rosenfeld & Gross (2014) Cal.App.4th 478
153
The parties may stipulate to a child support amount subject to court approval. If below guideline, the court may only approve if the parties declare: _____
(1) they are fully informed of their rights concerning child support,
(2) the order is agreed to without coercion or duress,
(3) agreement is in the best interest of the child,
(4) the child’s needs will be adequately met, and
(5) the right to support has not been assigned to the count.
Fam. Code 4065
154
If parties stipulate to above guideline support, there must be a showing of change in circumstances to modify downward later, even if to guideline. No showing of change of circumstance is required for ______.
modifying an agreed upon below guideline amount
Marriage of Lauderman (2001) 92 Cal.App.4th 1009
155
New family marital style is/is not a basis for modification.
Is not
Marriage of Wood (1995) 37 Cal.App.4th 1059
156
Child support orders are modifiable _______. Any attempt to limit jurisdiction is _____.
regardless of agreement of the parties
void
Marriage of Bereznak & Heminger (2003) 110 Cal.App.4th 1062
157
Change in circumstances required to modify ______.
guideline child support
Marriage of Cheriton (2001) 92 Cal.App.4th 269
158
The court must determine a modification on the merits, even of a _______.
party has been previously found in contempt
Ramirez v. Superior Court (1977) 72 Cal.App.3d 351
159
Any child support orders that exist prior to marriage between the same parties are considered _____.
terminated as of the date of marriage
Marriage of Wilson & Bodine (2012) 207 Cal.App.4th 768
160
The court has the equitable ability to limit enforcement of arrears where payor contributed to ______
care of children voluntarily (i.e. issue credits to payor).
Jackson v. Jackson (1975) 51 Cal.App.3d 363
161
When requesting Jackson credits, it is on the payor to show _______.
that the needs of the children are met
Helgestad v. Vargas (2014) 231 Cal.App.4th 719
162
Permissible to grant retroactive credits to payor for _____ against his/her child support obligation.
government benefits
Y.H. v. M.H. (2018) 25 Cal.App.5th 300
163
The court cannot retroactively modify _____ on for child support.
childcare add
Stover v. Bruntz (2017) 12 Cal.App.5th 19
164
Either party may claim a child as a dependent for tax purposes so long as: ________
(1) child receives over half support from parents,
(2) parents divorced, legally separated, or lived apart during last six months of year, and
(3) child in custody of one or both parents for over half the year.
IRC 152
165
For cases prior to 2019, if there was no specific distinction in monies provided as support (i.e. family support), _______
the whole was treated as spousal support for tax purposes.
Commissioner v. Lester (1961) 366 U.S. 299
166
The community property interest of a custodial parent, including in the party’s current spouse’s income, ______ if the custodial parent has applied for, or is receiving, AFDC benefits.
must be considered as income available for support
Marriage of Shupe (1983) 139 Cal.App.3d 1026
167
The court has ______over spousal support.
continuing exclusive jurisdiction
Fam. Code 5700.211
168
Court retains jurisdiction over spousal support indefinitely in a marital status proceeding where the marriage is of long duration. The presumption of “long duration” is 10 years. The court may consider ______.
periods of separation during marriage to determine length of marriage
Fam. Code 4366
169
Absent a written agreement or proof by clear and convincing evidence, jurisdiction to award spousal support _______.
terminates on the death of either party or remarriage of the supported spouse
Fam. Code 4337
170
Jurisdiction presumptively ends at remarriage ______ of an intent to support to ride through remarriage.
absent clear and convincing evidence
Marriage of Thornton (2002) 95 Cal.app.4th 251
171
Evidence that W refused to sign stipulated judgment unless remarriage termination language was removed, and that it was removed, _______.
was clear and convincing the parties intended, in writing, that spousal support would not terminate upon W’s remarriage.
Marriage of Cesnalis (2003) 106 Cal.App.4th 1267
172
Divorce does not divest a spouse from their duty under _______. Family court has jurisdiction to enforce.
Form I-864 to support a sponsored immigrant spouse.
Kumar v. Kumar (2017) 13 Cal.App.5th 1072
173
Where there are no children, and a party has or acquires a separate estate, including income from employment, sufficient for the party’s proper support, ________.
no support shall be ordered or continued against the other party.
Fam. Code 4322
174
Increase in value of separate property may _____.
preclude an award of spousal support.
Marriage of Terry (2000) 80 Cal.App.4th 921:
175
Award of assets in dissolution does not qualify as ____.
separate estate for denial of spousal support.
Marriage of Winter (1992) 7 Cal.App.4th 1926
176
The court may state an expectation that the supported spouse will _____ and that the supported spouse should not______ received in the dissolution.
prudently invest
squander assets
Marriage of West (2007) 152 Cal.App.4th 240
177
Spousal support provisions are ____ from property provisions.
severable
Fam. Code 3590
178
The court shall consider the following in ordering spousal support: ______.
(1) whether earning capacity of each party is sufficient to meet MSOL including marketable skills and job market, and extent earning capacity impaired by periods devoted to domestic duties;
(2) whether supported party contributed to education of the other;
(3) ability of supporting party to pay;
(4) needs of each party to meet MSOL;
(5) obligations and assets of each party, including SP;
(6) duration of the marriage;
(7) ability of supported spouse to obtain gainful employment without unduly interfering with interests of children;
(8) age and health of the parties;
(9) history of DV;
(10) immediate and specific tax consequences;
(11) balance of hardships;
(12) criminal convictions of abusive spouse as in 4324.5 and 4325; and
(13) any other factors.
Fam. Code 4320
179
The goal of support and 4320 is to get the supported party to become self-supporting within a reasonable time. In a marriage less than 10 years, reasonable time is ______.
generally half the length of the marriage
Fam. Code 4320(l)
180
The court may advise the recipient of spousal support to ______.
make reasonable efforts to become self-supporting
Fam. Code 4330(b)
181
Just the fact a parent was the primary caregiver of children is not sufficient to show that _______.
domestic duties negatively impacted that party’s ability to work
Marriage of Cheriton (2001) 92 Cal.App.4th 269
182
For 4320, the court must weigh the reasonable need for ______.
retraining or education to attain marketable skills
Marriage of Smith (1990) 225 Cal.App.3d 469
183
The court must consider the contributions by a ______.
nonmarital partner to a party’s expenses
Marriage of Tapia (1989) 211 Cal.App.3d 628
184
The court may order a party to pay support for a period of time that the court determines is just and reasonable, based on _______ during the marriage, taking into account 4320.
the standard of living established
Fam. Code 4330(a)
185
The MSOL must apply ______
to both spouses, and not just the supported spouse.
Marriage of Andreen (1978) 76 Cal.App.3d 667
186
The marital standard of living on support becomes ______.
less relevant with the passage of time after DOS
Marriage of Rising (1999) 76 Cal.App.4th 472
187
The court may use _____ during marriage in setting spousal support.
the average income
Marriage of Weinstein (1991) 4 Cal.App.4th 555
188
If parties lived above their means during marriage (i.e. one party worked extraordinary hours), the court can determine what amount would be sufficient to meet ______.
the current reasonable needs and/or accept evidence to show what the reasonable marital standard of living would have been
Marriage of Smith (1990) 225 Cal.App.3d 469
189
If the parties lived below their means during the marriage, this _____.
does not create a ceiling for prospective support
Marriage of Watt (1989) 214 Cal.App.3d 340
190
The court is not required to quantify MSOL beyond _______.
a generalized statement about the standard of living (i.e. upper middle class or lower income).
Marriage of Kerr (1999) 77 Cal.App.4th 87
191
The court may consider a party’s savings and investment for _____.
MSOL for permanent support
Marriage of Drapeau (2001) 93 Cal.App.4th 1086
192
Sending children to college (the expense) can be considered for ______.
spousal support calculation and the MSOL.
Marriage of Maher & Strawn (2021) 63 Cal.App.5th 356
193
MSOL findings do not require the court to determine what a spouse would ______. MSOL is important but only one factor.
need to maintain that standard
Marriage of Grimes & Mou (2020) 45 Cal.App.5th 406
194
Except by agreement or order terminating spousal support, the court _______ where it was a marriage of long duration. There is a presumption that a marriage of 10 years or more is of long duration however the court may determine a marriage under 10 years is long term.
retains jurisdiction indefinitely
Fam. Code 4336
195
It is abuse of discretion to terminate spousal support for a long term marriage without substantial evidence that ______.
the recipient would be self-supporting by the termination date
Marriage of Morrison (1978) 20 Cal.3d 437
196
______ cannot be tacked on to duration for purposes of spousal support.
Cohabitation between 2 marriages between same parties
Marriage of Bukaty (1986) 180 Cal.App.3d 143
197
Combination of _______ periods can be considered in setting support.
2 marriage periods
Marriage of Chapman (1987) 191 Cal.App.3d 1308
198
In proceeding for dissolution where there is a criminal conviction of DV misdemeanor or a criminal conviction for misdemeanor resulting in probation for DV by one spouse against the other within 5 years of the filing of the disso, ______.
there is a rebuttable presumption to prohibit an award of spousal support to the convicted spouse. The presumption may be rebutted by documented evidence of the convicted spouse’s history as a victim of domestic violence perpetrated by the other spouse.
Fam. Code 4325
199
A plea of no contest may be used in spousal support proceedings _____.
to deny
Marriage of Priem (2013) 214 Cal.App.4th 505
200
Sexual relations with a minor will be _____.
considered for denial of spousal support
Marriage of Schu (2016) 6 Cal.App.5th 470
201
Wife was unable to overcome presumption for support with DV in place where she did not provide any _____.
documented evidence of being the victim of DV by husband
Marriage of Brewster & Clevenger (2020) 45 Cal.App.5th 481
202
The court is not required to consider post-separation ______ in awarding spousal support.
increase in income
Marriage of Ackerman (2006) 146 Cal.App.4th 191
203
The court should consider a post separation increase in income in awarding spousal support IF _____.
the increase is due to the party’s earning capacity
Marriage of Sullivan (1984) 37 Cal.3d 762
204
If income is disputed, the court has broad discretion to determine the amount and source for support. This included the court’s ability to attribute ______.
reinvested funds into the business to be the business as opposed to H’s
Marriage of Blazer (2009) 176 Cal.App.4th 1438
205
The court has discretion to deduct a _____ from income available for support if it finds, based on substantial evidence, that the _____ reduces the spouse’s net income available for support.
business loan payment
payment reasonably and legitimately
Marriage of Deluca (2020) 45 Cal.App.5th 184
206
The income of a supporting spouse’s ______ shall not be considered for determining or modifying spousal support.
subsequent spouse or nonmarital partner
Fam. Code 4323(b)
207
A supported spouse may be accountable for unwise _____ and ______.
financial decisions related to income
prudent use of assets (i.e. investing all liquid assets in non-liquid investments with limited income potential).
Marriage of McElwee (1988) 197 Cal.App.3d 902
208
A supported spouse must show prudent financial planning and ______. The court may consider a totality of the circumstances and is not limited to the period since the last order.
realistic and reasonable career paths
Marriage of Schaffer (1999) 69 Cal.App.4th 801
209
Age was a factor in measuring the earning capacity _____.
of a 55 year old
Marriage of Eggers (2005) 131 Cal.App.4th 695
210
Age for earning capacity burden is on ______.
the person claiming no earning capacity.
Marriage of Stephenson (1995) 39 Cal.App.4th 71
211
The court can consider ______ as an effort to avoid paying support for earning capacity.
a bad faith retirement
Marriage of Sinks (1988) 204 Cal.App.3d 586
212
The court has the ability to impute income based upon a _____.
party’s estate
Marriage of Terry (2000) 80 Cal.App.4th 921
213
If the court imputes a party with income, it should state the ______.
expectations for the reasonable time to become self-supporting
Marriage of Schmir (2005) 134 Cal.App.4th 43
214
The court cannot rely on the retirement assets resulting from that ______ for purposes of support however, it can ______.
party’s CP division to impute income
use income derived from those CP assets
Marriage of Reynolds (1998) 63 Cal.App.4th 1373
215
A party cannot be ________ simply to create more income for spousal support.
forced to retire
Marriage of Kochan (2011) 193 Cal.App.4th 420
216
For temporary spousal support, the court may use ______ to establish the amount.
guideline
Marriage of Wittgrove (2004) 120 Cal.App.4th 1317
217
Use of Dissomaster for temporary support is _____.
permissible
Marriage of Olson (1993) 14 Cal.App.4th 1
218
Temporary support is usually higher than permanent support because it is intended to ________.
maintain the status quo prior to the divorce
Marriage of Schulze (1997) 60 Cal.App.4th 519
219
_____ are the predominating factors in issuing temporary support.
Income and ability to pay
Marriage of Murray (2002) 101 Cal.App.4th 581
220
For temporary support, the court should still consider _____.
relevant 4320 factors.
Marriage of Tong & Samson (2011) 197 Cal.App.4th 23
221
Temporary spousal support is ______ by the same procedures and statutes as permanent support.
not governed
Marriage of Dick (1993) 15 Cal.App.4th 144
222
The purpose of temporary spousal support is to _____.
preserve the preseparation status quo
Marriage of Burlini (1983) 143 Cal.App.3d 65
223
The court may consider a party’s _____ for temporary support orders.
savings and investment
Marriage of Winter (1992) 7 Cal.App.4th 1926
224
For permanent support, use of the ______. The purpose of permanent spousal support is not to preserve the preseparation status quo but ______, if appropriate, as determined by the financial circumstances of the parties after their dissolution and the division of their community property.
guideline is prohibited
to provide financial assistance
Marriage of Burlini (1983) 143 Cal.App.3d 65
225
For permanent support, the court may use the Dissomaster to calculate the ______.
after tax impact of its orders but only for this limited purpose
Marriage of Olson (1993) 14 Cal.App.4th 1:
226
Reliance on income alone for permanent support is _____. Order is reversible if bears striking resemblance _____.
error without weighing other 4320 factors
to guideline amount.
Marriage of Zywiciel (2000) 83 Cal.App.4th 1078
227
It is abuse of discretion to award permanent support that results in _____ taking into account support, fees, living expenses, and payor’s fees.
a confiscation of the payor’s entire net income
Marriage of Schulze (1997) 60 Cal.App.4th 519
228
In a short term marriage, absent specific circumstances, it is reversible error to _____ over spousal support.
retain open-ended jurisdiction
Hebbring v. Hebbring (1989) 207 Cal.App.3d 1260
229
Material and substantial change of circumstances ______.
mean the same thing.
Marriage of Bodo (2011) 198 Cal.App.4th 373
230
Support provisions are subject to modification or termination except: ______.
(1) amounts accrued before the date of the filing of the notice of motion to modify or termination; or
(2) written agreement or court order that specifically provides the support is not subject to modification or termination.
Fam. Code 3591
231
No change in circumstance necessary for _____.
Modification of temporary orders.
Zinke v. Zinke (1963) 212 Cal.App.2d 379
232
Change in circumstance necessary for modification of temporary orders (split of opinion cases).
Marriage of Tong & Samson (2011) 197 Cal.App.4th 23
233
Change of circumstances is flexible where the court did not consider the ______.
circumstances in making the original order
Marriage of Freitas (2012) 209 Cal.App.4th 1059
234
Termination of child support constitutes a change in circumstances for spousal support as long as the _______.
modification is brought within 6 months of the termination of child support
Fam. Code 4326
235
Caused the change in statute to include a _____.
statute of limitations related to mod of SS when CS ends
Marriage of Kacik (2009) 179 Cal.App.4th 410
236
DV is a change of circumstance to _____.
modify support
Marriage of Kelkar (2014) 229 Cal.App.4th 833
237
The court must look to the parties’ intent at the time of a Judgment or MSA to determine ______.
if a change in circumstances has occurred
Marriage of Dietz (2009) 176 Cal.App.4th 387
238
Conviction for battery can justify ______.
modification of nonmodificable support
Marriage of Cauley (2006) 138 Cal.App.4th 110
239
The court may continue to award spousal support after retirement even if the _____.
spouse took pension as part of the asset division
Marriage of White (1987) 192 Cal.App.3d 1022
240
Wife’s receipt of parental gifts and failure to make efforts to be self supporting _____.
warranted reduction of spousal support
Marriage of Shaughnessy (2006) 139 Cal.App.4th 1225
241
The court may not sua sponte modify support BUT may ____.
sua sponte modify to correct an error in the earlier order
Marriage of Spector (2018) 24 Cal.App.5th 201
242
An ______ is not a change of circumstances for spousal support.
anticipated contingency
Marriage of Khera & Sameer (2012) 206 Cal.App.4th 1467
243
The spouse seeking an increase of spousal support has _____.
the burden of proof to show need.
Marriage of Hopwood (1989) 214 Cal.App.3d 1604
244
To warrant modification upwards, the supported party must show _____.
needs at the time of separation were never met.
Marriage of Hoffmeister II (1987) 191 Cal.App.3d 351
245
The record must demonstrate the factual basis for a ____. _____ are insufficient.
step down order
Mere hopes or speculative expectations
Marriage of Richmond (1980) 105 Cal.App.3d 352
246
Duration of marriage is one factor in determining whether to ____.
order a step down
Marriage of Prietsch & Calhoun (1987) 190 Cal.App.3d 645
247
For short term marriage, the court can terminate support even if the _____.
party will not be self-supporting by termination date
Marriage of Heistermann (1991) 234 Cal.App.3d 1195
248
The court may terminate spousal support at trial in a short term marriage even for ____.
an alleged disabled spouse
Marriage of Harrison (1986) 179 Cal.App.3d 1222
249
The court must appropriately inform the supported party, in advance, of _____ to his/her own support.
obligation to become self-supporting or make a reasonable contribution
Marriage of Gavron (1988) 203 Cal.App.3d 705
250
For long term marriage, the court cannot divest itself of jurisdiction without a clear record _____.
indicating the spouse will be able to adequately meet his or her financial needs at the time of termination
Marriage of Christie (1994) 28 Cal.App.4th 849
251
Duration alone is _____.
not sufficient for termination
Marriage of Rives (1982) 130 Cal.App.3d 138
252
Once the termination date passes, _____.
the court automatically loses jurisdiction
Marriage of Beck (1997) 57 Cal.App.4th 341
253
If order is clear about a termination date, the court _____.
has no jurisdiction to extend spousal support beyond the termination date
Marriage of Carter (1994) 26 Cal.App.4th 1024
254
Where the parties utilized a local form requiring affirmative election to terminate spousal support on remarriage, ______, the court retained jurisdiction over spousal support through remarriage.
and failed to check the box
Marriage of Martin (2019) 32 Cal.App.5th 1195
255
In order to effectuate a valid waiver, the parties must indicate they are _____. The waiver must be _____ for absolute termination.
making the waiver knowingly and voluntarily,
aware of the circumstances, and
understand the likely consequences
unambiguous and a complete divesture of jurisdiction
Marriage of Vomacka (1984) 36 Cal.3d 459
256
Absolute divesture of spousal support jurisdiction for long term marriages are _____.
disfavored
Marriage of Stallworth (1987) 192 Cal.App.3d 742
257
Where the waiver was unclear, _____.
the court retained jurisdiction
Marriage of Jones (1990) 222 Cal.App.3d 505
258
Where there is a criminal conviction for a violent sexual felony or a domestic violence felony perpetrated by one spouse against the other within five years of the dissolution, an _____.
award of spousal support to the convicted spouse from the injured spouse is prohibited
Fam. Code 4324.5
259
Prior to 2019, spousal support awards were ____ Currently not ____. A modification of a prior to 2019 order does not change tax effect.
tax deductible.
tax deductible to payor and tax free to payee
IRC 71
260
The court may deny spousal support if the payor is _____.
awarded custody of the children
Fam. Code 4321
