Spousal Articles from Justia BlawgSearch | Huggins Family Law | Orange County Divorce Attorney and Child Custody Lawyer Robin C. Huggins
Spousal Articles from Justia BlawgSearch | Huggins Family Law | Orange County Divorce Attorney and Child Custody Lawyer Robin C. Huggins

Spousal Articles from Justia BlawgSearch
Spousal Articles from Justia BlawgSearch
Posted on : February 28, 2008
iPhone App Reveals Spousal Spying
A new application developed for iPhone - ironically called iTrust - records the keystrokes of an unwitting interloper when the application is activated. ...»
Spousal Liability for Nursing Home bills
Cape Cod Today had an article posted by attorney Bruce Bierhans about the recent decision involving a nursing home suing the wife of a resdient for bills including making her sell her house to pay for his bills. I don't believe this decision will stand. Hopefully, the appeals court will get it right. A Superior Court judge has arbitrarily ruled that a widow is responsible for her deceased husband's nursing home bills...and that her home, in which the husband never had an ownership interest, could be ... ...»
1st DCA: How specific does a premarital agreement have to be to defeat a surviving spouse's claims?
Taylor v. Taylor, --- So.2d ----, 2009 WL 186155 (Fla. 1st DCA Jan 28, 2009) I wrote here in 2006 about an "ambiguous" premarital agreement that the 3d DCA held was a valid waiver of a widow's marital rights under F.S. ยง 732.702. Here's the clause at the center of the 3d DCA case: "It is [husband's] intent that, in the event of his death, all of his separate property be given to his children, STEVEN M. LADD and BETHANY S. LADD, or as otherwise provided for in his Last Will and Testament." In that case ... ...»
Arizona Family Law
Arizona family law firm. Divorce, child custody, child support, alimony, spousal maintenance, visitation, community property, grandparents rights. ...»
San Jose Divorce Attorney Discusses Calculation of Temporary versus Long Term Spousal Support
San Jose Divorce Attorney Discusses Calculation of Temporary versus Long Term Spousal Support Under the Family Code, temporary support may be ordered in any amount based upon the party's need and the payor's ability to pay while a divorce is pending. Generally, the purpose of temporary spousal support is to enable the recipient to live in his or her accustomed manner pending Judgment. This means that if parties live very modestly in comparison to their means, allocating funds for savings and ... ...»
Men Receiving Alimony Want A Little Respect
Modern Males Say Living Off the Ex-Wife Is No Cause for Shame As a Hollywood actor, John David Castellanos is protective of his image. He stays in phenomenal shape and looks much younger than his 50 years. But he admits to a fact that might be considered unflattering: He receives alimony from his former wife. To be exact, $9,000 a month. "The law provides" for it, says Mr. Castellanos, who for years starred in the soap opera "The Young and the Restless." "More women are paying alimony, or maintenance ... ...»
San Jose Family Attorney Discusses Grounds for Termination of Spousal Support
San Jose Family Attorney Discusses Grounds for Termination of Spousal Support Unless the parties have otherwise agreed in writing, a court-ordered spousal support obligation terminates upon either party's death or the supported party's remarriage. Said spousal support termination is self-executing, meaning no motion to terminate is required and therefore no court action is required. While no particular words are required to make spousal support nonterminable on account of either party's death or the ... ...»
San Jose Family Law Attorney Discusses the Change of Circumstances Requirement Necessary to Obtain a Modification of a Spousal Support Order
San Jose Divorce Attorney Discusses the Change of Circumstances Requirement Necessary to Obtain a Modification of a Spousal Support Order The change of circumstances necessary to obtain a modification of a spousal support order are the same as those the Court considers in making the initial long-term spousal support order at the time of the judgment under California Family Code Section 4320. They include, but are not limited to, the extent to which each party's earning capacity will maintain the ... ...»
San Jose Divorce Attorney Talks about the Pitfalls of Temporary Reconciliation of Marriage
Society, religion, and even Republicans tell everyone that marriage is a good thing and we should all strive to work things outs in hopes of saving a marriage. However, the California Family Code is not so supportive of the couple who tried to work things out and but still ends up in divorce. The major bread winner of the marriage may have to pay the ex-spouse spousal support (sometimes called alimony) after a divorce. While the amount and length of spousal support can be negotiated, the California ... ...»
Florida's spousal elective share statute survives constitutional challenge
In re Estate of Magee, --- So.2d ----, 2007 WL 2781131 (Fla. 2d DCA Sep 26, 2007) When all else fails, one way to win a probate dispute is to challenge the portion of the probate code at issue on constitutional grounds. A successful example of this approach was the Florida Supreme Court's 1990 decision in Shriners Hospital for Crippled Children v. Zrillic, 563 So.2d 64 (Fla.1990), where the court struck down Florida's mortmain statute, then codified at section 732.803, because it violated article 1, ... ...»
Florida's spousal elective share statute survives constitutional challenge
In re Estate of Magee, --- So.2d ----, 2007 WL 2781131 (Fla. 2d DCA Sep 26, 2007) When all else fails, one way to win a probate dispute is to challenge the portion of the probate code at issue on constitutional grounds. A successful example of this approach was the Florida Supreme Court's 1990 decision in Shriners Hospital for Crippled Children v. Zrillic, 563 So.2d 64 (Fla.1990), where the court struck down Florida's mortmain statute, then codified at section 732.803, because it violated article 1, ... ...»
O.C. spousal support case may set precedent
Yorba Linda man says he shouldn't have to pay spousal support because ex-wife is in domestic partnership. A Yorba Linda man has taken his spousal-support fight to the state Court of Appeals, saying he shouldn't have to pay his ex-wife $1,250 a month when she has entered a domestic partnership with her female companion. In June, an Orange County Superior Court judge ruled that Melinda Kirkwood's partnership wasn't equal to marriage under state law, and ordered Ron Garber to pay support. State law ... ...»
Lateral thinking + probate litigation = success
Marlowe v. Brown, 944 So.2d 1036 (Fla. 4th DCA Aug 02, 2006) Being an effective probate litigator often requires lateral thinking -- the generation of novel solutions to problems using other than straightforward, step-by-step logic. The point of lateral thinking... ...»
Judge: Ex still due alimony when she becomes he
A woman's sex change operation does not free her ex-husband from his alimony obligation, a judge said Wednesday. Attorneys for Lawrence Roach, 48, had argued his 55-year-old ex-wife's decision to switch genders and change her name from Julia to Julio Roberto Silverwolf voided their 2004 divorce agreement. "It's illegal for a man to marry a man and it should likewise be illegal for a man to pay alimony to a man," said John McGuire, one of Roach's attorneys. Circuit Judge Jack R. St. Arnold, however, ... ...»
Court says NO to appeal of spousal-elective-share order
Trenchard v. Gray, --- So.2d ----, 2007 WL 837294 (Fla. 2d DCA Mar 21, 2007) In Dempsey v. Dempsey (a 2005 opinion I wrote about here) the 2d DCA ruled on when elective share orders are subject to appeal. Under Florida Probate... ...»
Women Increasingly Paying Alimony
The picture of equality looks awfully strange to Kim Shamsky. The 47-year-old business owner pays her ex, a 65-year-old retired Major League Baseball player, thousands per month in temporary spousal support. He's not seeking alimony to help pay for the kids' birthday parties, since they don't have children. Nor was he instrumental in building her business. They married seven years after she started a handful of staffing firms and amassed a small fortune on her own. The daughter of a New York City taxi ... ...»
In Divorce Proceedings, Sideways Director Alexander Payne Files A Response Refusing To Pay Spousal Support To Actress Sandra Oh
Writer-director Alexander Payne does not want to pay his ex-wife, actress Sandra Oh, spousal support. In his response to her divorce claim, he is asking a court to deny the Grey's Anatomy star her request for spousal support. The couple was officially divorced last December, but they have not yet settled their financial affairs. In California, there are a number of factors that a judge must consider before ruling on spousal support. These include: - The needs of each person. - The number of years the ... ...»
Can you accidentally create an "Elective Share Trust" under Florida law? Probably NOT
Janien v. Janien, 2006 WL 2956304 (Fla. 4th DCA Oct 18, 2006)Under Florida law a surviving widow or widower is entitled to at least 30% of the decedent spouse's estate. If done properly, an "elective share trust" allows a person... ...»
 
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