Can I request my ex seek work?

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Experienced family law attorneys will tell their clients that even if your ex is receiving gifts from his/her family that you can still be ordered to seek work to support your minor child.

 

In 2022, in Haley v Antunovich (2022) 76 CA5th 923, the court of appeal affirmed a trial court order requiring a child's mother to seek work in an appropriate exercise of discretion. The court found substantial evidence that order was in the best interest of the child and was consistent with various principles in Family Code §4053, including that each parent should pay for the support of the children according to the parent's ability.

If one spouse gives money to their family on occasion over the years during marriage, is the other spouse entitled to ask the community to be reimbursed for money given in the divorce?

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Experienced family law attorneys will help clients understand the impact of gifts during marriage.

According to Fam. Code § 1100, subd. (b), spouses may not make a gift of community property, or dispose of community property for less than fair and reasonable value, without the written consent of the other spouse.  There is a statutory exception for “gifts mutually given by both spouses to third parties”. 

Section 1101 provides a list of remedies for breaches of interspousal fiduciary duties, up to and including an award of 100% of the community property asset to the nonconsenting spouse.

 

In 2017, Shelly Sterling, wife of former LA Clippers owner Don Sterling, sued Don’s “friend” V. Stiviano under Fam. Code § 1100(b) to clawback money as well as the house from the third party gift recipient. This case was unpublished Sterling v. Stiviano, 2017 Cal. App. Unpub. LEXIS 4916 * | 2017 WL 3083472

 

Is a divorce right for you?

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There are several potential pros to getting a divorce, including:

  1. Improved quality of life: If a marriage is unhappy or unhealthy, getting a divorce may improve an individual's overall quality of life.

  2. Personal growth: Going through the process of a divorce can be an opportunity for personal growth and self-discovery.

  3. Improved mental health: Being in a toxic or unhappy relationship can have a negative impact on mental health. Getting a divorce may improve mental health by allowing an individual to move on from an unhealthy situation.

  4. Freedom and independence: Divorce allows individuals to have more freedom and independence, as they are no longer tied to their spouse.

  5. Opportunity to start fresh: A divorce can provide an opportunity to start fresh and create a new life, whether that involves finding a new partner, exploring new hobbies, or making other positive changes.

It's important to note that every situation is different, and the pros of getting a divorce will depend on the specific circumstances of the individuals involved. It is always a good idea to carefully consider all options and seek the advice of a trusted friend, family member, or professional before making a decision about divorce.

What can I do if Respondent is evading service?

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When conflict is high and there may be issues of domestic violence, we often see that Respondent’s avoid service. Typically this is because they are aware that they have done something unlawful or inappropriate and they are trying to avoid the legal system. Unfortunately, the decision to evade service can be extremely costly to the Petitioner or the person asking for the protection.

Thankfully, in 2018 the law was amended such that under Family Code 6340, if at the time for a Temporary Restraining Order hearing the restrained party has not been served and it appears that s/he is evading service, the Court has permission to order an alternative form of service.

This means that if you are having trouble serving the other side for a Restraining Order hearing you can now as the Court to order service by an alternative means.

If you are having difficulty with serving your ex, Contact Amanda at Amanda@gordonfamilylaw.com to learn more information.