What is a statement of reasons

STATEMENT OF REASONS FOR DENIAL OF JOINT CUSTODY ORDERS

Family Code Section 3082

When a request for joint custody is granted or denied, the court, upon the request of any party, shall state in its decision the reasons for granting or denying the request. A statement that joint physical custody is, or is not, in the best interest of the child is not sufficient to satisfy the requirements of this section.

Are Commissions and Bonuses Income for Child Support Calculations?

Yes. If you earn overtime, commissions, or bonuses at your job, those funds will be considered income for the purpose of calculating child support.

Family Code section 4058 provides that "annual gross income ... means income from whatever source derived" and subsection (1) identifies bonuses and the Court is allowed to make a Smith/Ostler Order for support based on Overtime, bonuses or commissions received, income or earnings over set amount, and other specific income sources.

Sometimes the Ostler/Smith amount is less than what you would have been ordered to pay if the court used your last years tax return to calculate your support payments, so it’s not always something you should fear.

Typically, the court will use a percentage-based model.  For example: Payor shall pay 10% of any gross income earned over $10,000 per month as additional child support.

Or, if you use the Dissomaster software, the Court could order the following:

Payor shall pay additional child and/or spousal support based on the attached Table for income earned over $125,000 per year.

The case law that permits these calculations is based on Marriage of Ostler & Smith (1990) 223 Cal.App.3d 33, Marriage of Mosley (2008) 165 Cal.App.4th 1375, and Marriage of Tong & Samson (2011) 197 Cal.App.4th 23.

See below for a typical Ostler Smith Bonus Table. If you have more questions about Ostler Smith Orders, you can contact me at Amanda@gordonfamilylaw.com for more information.

Can you appeal your family law court decision?

If you are likely many litigants and have recently had a disappointing court hearing with a family law court, you may be wondering if you can appeal that decision.  Experienced family law attorneys in the Bay Area will tell you that the first step is for you to request the Reporters Transcript from the hearing.

Whether your hearing was a law and motion hearing for 20 minutes or a longer hearing where evidence was taken, you will first need a copy of your hearing’s transcript to determine your options.

If you have a temporary order for Attorneys fees, child support, or spousal support you normally have 60 days from Notice of Entry of Judgment to appeal the order.

You can extend the time allowed to appeal the order by filing one of the following motions:

(1) Motion to Reconsider

(2) Motion to Vacate

(3) Motion for New Trial

(4) Motion for Judgment CCP 631.8  

If you have questions about whether you can or should appeal your family law decision, please reach out at amanda@gordonfamilylaw.com

Have you made an overpayment of your Child Support?

Experienced family law attorneys in the San Francisco Bay Area can help you calculate your child support payments and reduce them if you have made an overpayment. 

In California, the family court court has discretion to consider overpayments as a credit toward later-arising arrearages. In making its determination of whether to apply a credit, the trial court must consider any agreement between the parties as to the payment's purpose or any communication between the parents on the subject, absent fraud. In re Marriage of Peet (1978) 84 Cal.App.3d 974, 149 Cal.Rptr. 108 (CA-4, Div 2). See also Starr v. Starr (2010) 189 Cal.App.4th 277, 116 Cal.Rptr.3d 813 (CA-2, Div 8),  In re Marriage of Smith and Maescher (1993) 21 Cal.App.4th 100, 26 Cal.Rptr.2d 133 (CA-4, Div 1).

If you are considering modifying child support and have more questions, you can contact me at Amanda@gordonfamilylaw.com for more information.

Attorney Fees or what are 2030 fees?

Many Bay Area family law clients wonder how they will pay for their divorce. If your financial circumstances are such that your income is substantially lower than your spouses or your spouse has unique access to community resources, then you may want to seek attorneys fees.

Attorney Fees under Family Code 2030 are called “need-based” fees.  This means the Court can award fees to either party if necessary based on income and needs assessments to maintain or defend the action, if just and reasonable under the relativecircumstances of the parties.  There is no cap on 2030 attorney fees, the Court may award whatever amount is reasonably necessary for fees and costs to maintain or defend the proceeding. (FC § 2030(a)(1)). The amount of the award must be just and reasonable under the relative circumstances of the parties. (FC § 2032(a)) 

If the Court awards fees, remember that the Court must make on: (1) whether an award of fees is appropriate, (2) whether there is a disparity in access to funds to retain counsel, and (3) whether one party is able to pay for legal representation of both parties. (FC § 2030(a)(2)).

In determining what is just and reasonable under the relative circumstances of the parties, the court will take into consideration the need for the award to enable each party to have financial resources or to present his or her case adequately, taking into consideration the factors in FC § 4320, if relevant.  (FC § 2032(b)) The fact that a party requesting an award has financial resources from which to pay his or her own fees is not itself a bar to the award. (FC § 2032(b)). 

If you are seeking help with a family law matter, and are concerned about representation, please reach out to amanda@gordonfamilylaw.com to see how we can help.