ONCALL
...Family Law
......Spousal Support
11 Cards On This Topic:

Reduction of supported spouse’s income by retired military member’s waiver of retired pay to receive disability pay or CRSC may be a change of circumstances warranting modification in s/s.

UIFSA does not determine jurisdiction over s/s orders; CA court had continuing and exclusive jurisdiction over s/s order it issued and could enforce later UT judgment of s/s arrearages.

65 yr. old H may not transfer business to second wife for no consideration and avoid s/s obligation; Reynolds distinguished.

Permanent spousal support may only be ordered retroactive to the date of the filing of an RFO requesting it.

I-864 affidavit creates a contractual right to support independent from state s/s statutes; immigrant spouse has standing to enforce the support obligation in state court; no duty to mitigate damages.

A postjudgment vocational examination under FC §4331 may not be ordered unless a spousal support related motion is pending.

Annual “bonus” for purposes of Ostler/Smith is a discretionary payment based upon performance, not all payments above base salary.

The termination of cohabitation is not a change of circumstances justifying an extension of spousal support.

W’s unsuccessful business ventures do not require an extension of spousal support. [Dictum]

Trial ct. record supported finding that H had ability to pay s/s; income-generating potential of assets W received for equalization or FC §1101 payments not relevant to H's ability to pay support.

Trial ct. properly considered W's age and status as a retired person when calculating her spousal support award under FC §4320; marital standard of living included being retired.