The unanimous judgment of the Supreme Court in Petrodel Resources Ltd v Prest led to a media circus. Now the dust has settled, we have more clarity on the repercussions of the case for those involved in family and company law. Even we were surprised by the rasp of admonition from the Court of Appeal last year in Petrodel Resources Ltd v Prest. Rimer and Patten LJJ identified a particular practice followed in the family courts, which Moylan J at first instance had adopted when giving judgment in the financial claims on divorce between Michael and Yasmin Prest (pictured). That practice was: where a spouse was the only shareholder of a company, which held assets but did not have third-party creditors, those assets could be transferred directly to the other spouse in settlement of his or her claims. Allowing the companies’ appeal, Rimer LJ described Moylan J’s reasoning as ‘heretical’; Patten LJ thundered that the practice ‘must now cease’. The unintended effect was of a Victorian maiden aunt impressing on some unruly charges the need to behave with rectitude and sobriety henceforth.
If you’ve just started researching California spousal support basics (or, if you need a refresher), this article will get you started in the right direction. However, if you need specific advice about your individual situation, it’s likely in your best interests to consult with a qualified family law attorney. In the meantime, it will help you to know…
Spousal Support is NOT Automatic
In California, spousal support is not automatic. If you need it, you must ask for it.
After you file your petition for dissolution (initial divorce papers), file your request for temporary spousal support immediately. If you don’t, you may miss out on several months of payments.
In addition, when you consult with your family law attorney, be sure to let him or her know if you want to explore permanent spousal support.
Some child support payments in Maryland could soon go up – a change that state Human Resources Secretary Brenda Donald called “long overdue.”
For the first time in two decades, lawmakers are poised to revise the guidelines that courts use to set child support when divorcing or unmarried parents cannot agree on an amount. Those guidelines are based on household expense data from the 1970s, and although they accommodate rising incomes, advocates say they don’t account for the escalating costs of raising a child.
Human Resources officials estimate there are about 500,000 child support orders in Maryland – a mix of private agreements and court cases.
OCEANSIDE, CALIFORNIA – Going through a divorce is never a pleasant experience. Being forced to pay alimony to your former spouse can be an unpleasant monthly reminder of the chapter you’ve fought to close. But continuing to pay alimony to a former spouse who’s moved on and is being supported by someone else? That is like rubbing salt in a wound for some.
Recently we’ve had a couple of clients who found themselves in this situation and we’re happy to report that the outcome for our clients was favorable. We successfully reduced the amount of spousal support they were required to pay. But these scenarios raise some common questions, which we’re addressing in this article.
The Texas Family Code states that a person is entitled to receive spousal maintenance if the person can prove that the other spouse was convicted of or received deferred adjudication for a criminal offense that constitutes family violence. The act of family violence has to have been committed against the other spouse or a child of the other spouse and the act of family violence has to have been committed during the marriage within than two years before filing for divorce or while the divorce action was pending.
An interesting question was posed regarding this provision of the statute; “Does the act of family violence have to have occurred during the two years preceding the divorce or does the spouse have to have been convicted of or received deferred adjudication for family violence within two years prior to filing for divorce?”
TALLAHASSEE Florida lawmakers sent Gov. Rick Scott a bill Thursday that would drastically overhaul the state’s alimony laws, reforming payments that opponents say have been critical to ex-spouses — mostly women — who are trying to rebuild their lives after the breakup of their marriage.
SB 718, approved by lawmakers by an 85-31 vote, would end permanent alimony, cap alimony awards based on a person’s income and the length of the marriage and make it easier for an ex-spouse to terminate or lower alimony payments upon retirement. It also gives parents equal custody of any children in the marriage.
If you could choose only one word to describe the experience of divorce, which word would you pick?
It’s not an easy task, but when we took the prompt to our readers on Facebook and Twitter recently, they drew from experience and offered up a wide range of definitions. While some said a split was “sobering” and “trying,” others adopted a more positive outlook — “pivotal,” one said, while a reader on Facebook likened divorce to rebirth.
Click through the slides below to read all of the answers, then head to the comments and let us know which word you’d pick to define divorce.
(CNN) — A deeply divided Supreme Court nudged the nation toward broad recognition of same-sex marriage on Wednesday in rulings that advocates hailed as a “joyous occasion” — but still left many questions unanswered.
Voting 5-4 in each of two decisions, justices threw out part of a law that denied hundreds of federal benefits to same-sex couples and cleared the way for gays and lesbians to once again marry in California.
At the same time, the high court declined to make a sweeping statement on the broader issue of same-sex marriage rights nationwide, rejecting California’s same-sex marriage ban but leaving intact laws banning such marriages in 35 other states. New Jersey has civil unions for same-sex couples, while New Mexico’s marriage law is gender neutral and recognizes valid marriages performed in other states.
In North America, it’s the judge’s place to decide how the marital assets should be divided. By closely examining the assets of each spouse, the judge can determine if spousal support should be paid – and by whom. In some cases, the assets may generate sufficient income that either no spousal support is necessary or it can be reduced.
Each state has guidelines to calculate spousal support. However, they are generally just that – guidelines. Whether or not spousal support should be awarded is up to the discretion of the judge. The judge can also decide the amount of spousal support and the period of time that it should be paid. In Canada, there are no such guidelines: a judge decides whether or not spousal support should be paid, as well as the amount and duration.
A report by the Marriage Foundation, the think-tank set up by the High Court judge Sir Paul Coleridge, concludes that there is “no evidence whatsoever” that recession either increases or decreases the incidence of divorce overall.
The most recent divorce figures from the Office for National Statistics, published in December, showing a 1.7 per cent fall for the year 2011 were greeted with surprise by some law firms which had been predicting a rise.
Several explained that they are still bracing themselves for a post-recession surge in divorces when economic recovery arrives pointing to evidence that many unhappy couples are putting off the split until their assets rise in value.
But a five per cent rise the previous year also took commentators by surprise, promoting the ONS to remark that it was simply “too early to say” whether there is a link between recession and break-up.
But after analysing divorce patterns during years of recession and strong economic growth, the report concludes that there is no particular connection either way.