A Family Law Attorney Can Help You Solve Issues with Your Spouse

Familial issues can be difficult to deal with. Trying to solve most problems alone, without legal counsel, is not advised. It is usually best to get someone involved who is not a relative, like a family attorney. This type of lawyer typically helps solve issues related to divorce, though other familiar problems are also handled. Consider the ways in which you can get help by a legal representative for a myriad of issues.

If your former spouse is behind on child support payments, you will probably need a family attorney to resolve the crisis. Going without money for your children for long is unacceptable. Your ex needs to be held responsible for his or her portion of payments that are necessary to raise the children. If the matter cannot be solved civilly, outside of court and without legal representatives, then you need to seek an experienced family attorney to get the money as quickly as possible.

Child custody during a divorce is another subject that many lawyers deal with. If your former spouse has been denying you the right to see your children, you need to speak with a lawyer. Perhaps you have been to court already and thought the matter was settled, but your ex is not following court orders. In this case, a qualified lawyer can issue a contempt action, which can help make sure the offending party fully complies with the order. This can result in a change to custody or child support rules, or it could result in mandatory counseling for the parties involved.

Even if you do not have children, you could need a family attorney anyway. This kind of lawyer can help you get alimony owed to you, or help ensure that your ex spouse adheres to the prenuptial agreement. Even if you were recently married or are considering marriage, you might need legal help. For example, changing your name on legal documents, drawing up a prenuptial agreement, and getting an annulment are all matters that this kind of lawyer can help you with.

Some subjects can be dealt with on your own, but you have to ensure that you fully understand them first. Doing the research, filling out paperwork, and making sure that your current or ex spouse adheres to all rules as well can be exhausting. It can also take a lot of time and patience. Hiring a family attorney to help you along can be a big relief, which makes it worth it.

An experienced family law attorney Dallas residents believe, has the skills to help you resolve issues caused by a breakdown in the family relationship. He will stand up for you when you feel like you have no one else. To know more, visit

How Can A Chapter 7 Bankruptcy Attorney Help You

Chapter 7 bankruptcies, occasionally termed “liquidation bankruptcy” terminates your debts. However, you possibly have to allow the bankruptcy court sell (liquidate) a part of your property to benefit your creditors, in case you are unable to repay the borrowed amount. It relates to the chapter- ‘The Federal Bankruptcy Code’.

Time and Money: The entire Chapter 7 bankruptcy procedure takes a minimum of four, and a maximum of six months. The fee for the entire process is low – so, it will not punch a big hole in your pocket. Usually, only a single trip to the courthouse is sufficient. It is necessary to fulfill credit counseling from an agency permitted via the US Trustee. However, for an individual who is a stranger to the process, things may seem complicated. It is under such situations that a Chapter 7 bankruptcy attorney can help you. .

Why Hire a Chapter 7 Bankruptcy Attorney?

* First of all, the Chapter 7 bankruptcy attorney will give an explanation about the resources which have to be included while filing your petition, and which can be kept aside for personal reference. He/ she needs to know each and every detail of your financial status prior to the filing for such a petition and representing the case correctly in court.

* Secondly, these lawyers shall also update you about the debts which will be released as a consequence of the bankruptcy, as well as which will continue and you have to keep paying back. These attorneys may possibly enable you to retain a part of the property to facilitate you in moving on with life post bankruptcy. On occasions, these lawyers may request few assets (such as your car) to be allotted to you – so that you may continue with normal course of life.

* Thirdly, professional assistance is essential to prove that since you are a defaulter in making repayments, the creditors should exclude you without filing a lawsuit. If you seek professional advice from a qualified Chapter 7 bankruptcy attorney, it will be easier for you to control the finances.

* Additionally, when you possess debts which cannot be released in bankruptcy (such as child support, tax debts or government fines) these lawyers can assist you to plan a realistic repayment scheme for paying off the debts over time.

* If you are looking for an efficient Chapter 7 bankruptcy attorney- Chattanooga (TN) residents along with other citizens in Northwest Georgia can visit moneyproblems.com. The law firm of Eron Epstein features some of the best bankruptcy lawyers who can help you in rearranging the finances, manage income, and maintain future financial security.

Bankruptcy lawyer Chattanooga TN – Money Problems offers professional advice and encouragement in filing a bankruptcy. Visit Moneyproblems.com for more information.

Searching for a Trustworthy Employment Attorney

To make sure that everyone’s rights are protected, various laws and regulations are enforced. There are cases wherein the rights of a certain person ends, while the other is starting. When a legal conflict comes to place, adhering to the law associated with it that will benefit both sides is significant. Due to this, individuals and entities that have gotten involved in an employment-related dispute need to seek representation from a reputable and seasoned employment attorney./p>

In New York, you can find a lot of people filing cases against their business employers with different reasons. The reasons vary from racial discrimination to occupational hazards. Some other reasons include issues concerning unjust wages and benefits. Employment laws are not just complex, they are changed every now and then. It is very important for a plaintiff to speak with a NYC employment lawyer to be able to determine if the case has got any merits at all. The attorney will be able to assist the plaintiff in finding the very best solution for his case.

Litigation is not always the best option since there are instances in which it is wiser to negotiate a settlement. It is crucial that the employment attorneys go through the situation and its possible consequences to make certain that their clientele will benefit from the outcome. The professional employment attorneys NYC know how to deal with a case as they check out the technicalities to make certain their clients will benefit from the outcome.

Selecting among the employment lawyers in New York can be difficult especially if the plaintiff want to get the best legal representative. The plaintiff should contemplate some factors when looking for the very best lawyer to represent him or her. When choosing New York employment lawyer, her or his know-how, skill, experience and fee structure must be taken into account. The lawyers need to be always updated with the new amendments on labor laws in both federal and state level.

You have to pay attention on the fee structure when acquiring an employment lawyer. Before employing a certain legal professional, try to ask first their fee arrangement. Plaintiffs should not only know the cost, it’s also essential for them to be aware of where the money they will be shelling out will go so that arguments will not likely happen. It is common for the employment attorney NYC to give a timeline of when the case can reach a resolution.

Finding the best employment attorneys NYC can be done in several ways. One way is through requesting referrals from colleagues, friends, and even relatives. In fact, search for a friend that was able to effectively win over the same case, or something like that. Looking at online reviews from past clientele would be helpful as well. When choosing an employment lawyer, look for the one that have a great reputation among his or her clientele.

Personal discussion with employment attorneys is the ideal approach to evaluate their dedication on their vocation as well as how they can help their clientele win their case. The mere thought of going to a legal battle with a huge company is enough to make a person tremble. The employment attorney will assist the workers in fighting their rights.

If you’re needing the support for New York Employment Lawyer, then you are not by yourself in this quest. There are a number of things in store to aid you. You can always rely on the world wide web as your source of details. You can consider http://www.yelp.com/biz/young-and-ma-llp-new-york with regards to this. Shortly after browsing the suggestions presented in this website, many individuals came to be successful in chasing their dreams.

Slip and Fall Attorney Las Vegas

Las Vegas is a beautiful city that can offer you one of the most memorable vacation experiences. Nonetheless, you can also have a painful memory of it should you slip and fall. There are grave injuries that can be sustained in case of a slip and fall, for example, bone fracture, brain injury and spinal cord injury. Other than that you can sustain these injuries after having slipped and fell at your place of work. One of the cases that often prove to be too difficult to ascertain is slip and fall. There are several hurdles and technicalities that corporate organisations often place to avoid paying settlements. Therefore, it is important to have a slip and fall attorney Las Vegas who is well averse with such cases. To ensure that you get the right attorney, the article seeks to offer a helping hand in choosing an attorney. Discussed herein are: -What you need to look out for -What you need to bring with you during the interview What you need to look out for Foremost, look for slip and fall attorney Las Vegas who has been accredited and certified. To do so, obtain the information from your local bar association office. If you need to know more about the attorney’s background, the same will be provided by the office. Alternatively, you can surf the World Wide Web for information as most law firms have websites to promote their services. Check that the site lists slip and fall as one of the specialities. What you need to bring with your during the interview When setting up a meeting with your lawyer, you need to bring the following sets of documents with you. These will help in assessing the gravity of the case. -A police report that gives an in depth detail of your injuries. -Copies of doctor’s reports as well as proof of medical expenses. For More Information search Las Vegas Personal Injury Attorney or slip and fall lawyer las vegas

Your Guide To Different Sorts Of Powers Of Attorney

A power of attorney is a legal process which enables a donor (the person giving the power) to appoint one or more persons (the attorneys) to act on their behalf when dealing with personal finances and property.

If you are appointing someone to act as your attorney, it should be someone you know well and trust because they are going to have complete control over your financial affairs and or property.

Lasting Powers and Enduring Powers of Attorney

Lasting Powers of Attorney [ often referred to as an LPA] replaced Enduring Powers of Attorney [or EPA] as of 1st October 2007. Existing EPAs remain valid, but it is no longer possible to make a new one.

Lasting Powers of Attorney come in two forms – Property and Affairs, and Personal Welfare. The first authorises the attorney to make decisions concerning the donor’s property and affairs; the second enables the attorney to make decisions about matters concerning the donor’s personal welfare, such as where he or her lives, is cared for and the healthcare he/she receives.

A donor can make either or both, but before the attorney has any authority the documents must be registered with the Public Guardianship Office in London. There is a registration fee payable of 150 per document.

The advantage of LPAs is that they are not revoked by a subsequent loss of capacity. If the donor becomes unable to deal with their financial affairs, the attorney can carry on and manage these on the donor’s behalf. Remember – if you don’t have an appropriate LPA or EPA, and you lose capacity, you may find that your loved ones have to go through the delay, stress and expense of an application to the Court of Protection.

What are the alternatives?

General Powers of Attorney s10 Powers of Attorney Act 1971

These are quite straightforward authorisations which can be used for wide ranging use or specific periods or events, such as the sale of a property if it is in your sole name. They are ideal, for example, where someone has to spend time abroad and needs to entrust the management of business or financial interests to their spouse. They can only be used for the management of financial affairs and cannot cover personal welfare. The attorney can do anything he thinks fit in relation to the donor’s property and affairs.

General Powers do not give attorneys any powers to carry out the donor’s role as a trustee: this would be the case where property is owned by more than one person went joint owners are treated as trustees of the property. I would not cover you if you are an executor or trustee of someone’s will: a specific power of attorney will be needed to cover this.

General Powers automatically end if the donor dies, loses mental capacity or becomes bankrupt otherwise, the power remains valid until it is revoked (best done in writing): although it is common for powers to be granted for a specific period to cover, for example, absence abroad.

Trustee Powers of Attorney (s25 Trustee Act 1925)

These are similar to General Powers but can be used specifically in connection with trusts of which you are a trustee or for sale of property where you are a joint owner. They cannot last for more than 12 months. Where you are joint owner of property, it is advisable to appoint a 3rd party rather than your co-owner.

Trustee Powers automatically end 12 months from the making of the power, if the donor dies, loses mental capacity or becomes bankrupt, otherwise, the power remains valid until it is revoked (best done in writing).

Why Hire a Tractor Trailer Accident Attorney

Always seek the help of a legal expert immediately you have been involved in a tractor trailer accident. This is one of the many complicated cases that might stress you a lot if you don’t have a quality legal backing. A tractor trailer accident attorney will at all times make sure your rights are respected and justice prevails in court. But, many people wonder why they should hire a lawyer for a court case yet they can speak for themselves. Well, this article will review the tractor trailer accidents and you will understand why that is important. Unlike most of the accidents, this will have tens of issues to deal with which is where the complexity comes from. These issues touch on legalities and it’s only a trained lawyer who can handle that professionally.

There are very strict rules and regulations formulated by authorizes for such drivers to follow and will be well scrutinized. This will be very serious in case you are a tractor driver and you are to blame for the accident. This will give the injured person advantage over you when it comes to winning settlements for injuries caused. Bringing an attorney on board who understands such law very well will be a timely move to cushion you from carrying the burden of causing the accident. Don’t choose just any lawyer but go for the one with many years of experience and who understands how to handle tractor trailer accident cases. That will be the start for your redemption because you will be staring at possibility of spending many years in jail or heavy fines.

In any state, there are certain rules that tractor trailer drivers are supposed to follow and attract dire consequences once violated. Your tractor trailer accident attorney will be able to get a way out of that in case you are guilty of violation. There is a regulation on the weight of the load that a trailer should carry as well as speed to drive at. You will get some states with regulations on the number of hours that a trailer driver can work in a day and how long one should rest. All these are in place to ensure the driver does not get exposed to any factors that can cause an accident. Therefore, you are bound to operate within that. Your chances of winning in a case will be lowered if there is proof that you had violated any of these regulations by the time the accident occurred.

Luckily enough, your tractor trailer accident attorney will be able to prove to the court otherwise and earn your freedom. That is simply why you should never be tempted to approach a trailer accident case without a lawyer. It will cost you some coins to hire a quality lawyer but that is inevitable if at all you want the court to declare you innocent. You need to understand the amount of settlements that arise from such cases and you will know the seriousness of the matter. Resource Box You should never have a second thought when hiring a http://quackenbushlawfirm.com/ tractor trailer accident attorney to defend you in court. The cost implications of the case as well as resulting punishment are grave such that you cannot contemplate ignoring the legal support. Choosing a http://quackenbushlawfirm.com/motorcycle-accident-attorney-amarillo.html motorcycle accident lawyer Amarillo will be advisable because the auto industry law is the same.

What’re legal regulation based on T Sebastian Attorney’s fundamental facets

T Sebastian Attorney hasbeen recognized to put the important facets of legal regulation forward directly into exercise for quite a while. Therefore, coping with the fundamental facets of regulation that is legal, one query is quite dominating concerning the topic. What’s regulation that is legal? Just how can one demarcate between other regulations along with legal regulation? Nicely, the solutions towards the mentioned concerns that are above will be this article’s featuring facets, and also the important facets of associating norms along with what the law states will be mentioned through the span of this short article in particulars.

What’s regulation that is legal? Therefore, what’s regulation that is legal? Nicely, ostensibly, legal regulation is just a group of the worried punishments which can be found regarding each kind of offenses and also ruling guidelines that’s mainly on the basis of the kinds of offenses. As T Sebastian Attorney places it, legal regulation is the fact that group of ruling regulations within our culture that usually handles aspects of compassion and shame, and frequently with treating offenses within the many civil method. Consequently, regulation that is legal is actually for individuals who dedicate a legal offence based on the code of the location that is worried.

Need for legislation that is legal: Therefore, with that said, what’s an offense? Ostensibly every break within the specific area’s code is recognized as an offense in region or that area. Nevertheless, in large confidence every part of the code is kept in a few areas, as well as there is inside it a little break recognized as an offense. What’re the ramifications of codes that are such? Nicely, to be able to comprehend the clear answer for this query, one must comprehend the fundamental idea of purchase and regulation. What’s the significance of purchase and regulation in a civil culture? Yes, the clear answer for this query will even supply the formerly requested concern with the response. The formula of penal rules of those legal regulations and institution is important to protect in addition to keep up with the substance of purchase and regulation in a civilization. The regulation that is legal comprises components that are many amidst its procedures. Based on T Sebastian Attorney, the code is massively accountable for making the entire framework of regulation and purchase within the culture as well as framing up, and thus, unique interest must certanly be directed at make sure that its ethics is not indulged and completely preserved.

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Reasons To Hire A Social Security Attorney

If you have become disabled and are unable to work, you may be eligible to receive financial assistance through the Social Security Disability Insurance (SSDI) program. Unfortunately, the application process for SSDI benefits can be extremely complicated and most initial applications are denied. Hiring a Boise social security attorney can help ensure that you receive the SSDI benefits you rightfully deserve. Read on to learn the top 7 reasons to hire a social security attorney.

Most SSDI Applications Are Initially Denied

Social Security Disability Insurance (SSDI) is a federal benefit program designed to provide financial assistance to individuals that have become disabled and are unable to work for a living. The process of applying for SSDI includes submitting detailed applications, medical reports, and prior employment records. Unfortunately, the requirements for obtaining SSDI are very strict and nearly 75% of all initial applications are denied due to ineligibility or technical application errors.

Social Security Attorneys Are Experts in Disability Law

A social security attorney is a lawyer that specializes in obtaining social security benefits for individuals that have become mentally or physically disabled. These legal specialists are considered experts in social security law. The responsibilities of social security attorneys include educating clients, gathering necessary medical documentation, filing the initial application, and appealing denied claims.

Social Security Attorneys Can File Your Initial Application

Although hiring a social security attorney is not necessary to complete the initial SSDI application, it can greatly increase the likelihood of having your application accepted the first time. Many applications are denied due to insufficient medical evidence, technical application errors, or fraudulent claims. Social security attorneys understand how to properly fill out the initial application and gather the necessary medical documentation to effectively support your claim.

Social Security Attorneys Can Request a Reconsideration

The process of obtaining SSDI can be extremely complicated and frustrating. After the initial application is denied, the applicant has 60 days to request a reconsideration. Without proper understanding of why the initial application was denied, most reconsideration attempts are also unsuccessful. Social security attorneys understand the complicated application process and can help ensure that your application is accepted without wasting any more time with the appeals process.

Social Security Attorneys Can Appeal a Denied Claim

Without the necessary legal knowledge, appealing a denied claim can be extremely complicated and often futile. Social security attorneys are considered experts in disability law and can help you successfully appeal a denied claim. These legal specialists will closely examine your application to determine why it was denied, gather any missing medical evidence, and correct any technical errors. Social security attorneys can also help prepare your case for the appeal hearing.

Social Security Attorneys Can Represent Your Case during a Hearing
Because most denied SSDI claims are won at the appeal hearing level, it is important to ensure that your case is represented by a social security attorney who is experienced with the appeals process. A social security attorney can help you understand how the appeals process works, instruct you how to correctly answer questions from the judge, and represent your interests at the hearing. If the appeal is unsuccessful, an experienced social security attorney can take your case on to the appeal council or the federal court.

Social Security Attorneys Work on a Contingency Basis

Social security attorneys work on a contingency basis, which means they only get paid if you do. Social security attorneys do not require any type of compensation to begin working on your case and do not require payment until you have successfully received your benefits. Hiring a Boise social security attorney is a risk-free way to ensure that you receive the financial support you rightfully deserve.

Fresno Bankruptcy Attorney A Friend In Need

Business may not be kicking around as it should. Things seldom happen as they should. Things might have reached the worst point they ever could, and you might be even declared a bankrupt. If you find your business in Fresno, California, and you find yourself bankrupt, you would need a Fresno bankruptcy attorney to help you out of several tough situations. In the worst situation, you might have to liquidate all your assets to fill up all your liabilities. This might mean giving salary to your staff or even repaying debt. If you are unable to do so, you would require the services of a well qualified attorney.

When You Are Bankrupt, You Do This
If you don’t do anything about your bankruptcy quickly, it would affect your credit score in a negative manner, and your reputation as a good company would go down the gutter. The stain is going to remain as it is for several years. No one would bother about giving you credit, and your business set-up could be at a loss. Some amount of credit-assistance would certainly help, as would a bit of counseling. But a lawyer could solve almost all your problems. So, it is very important to get hold of a good lawyer well-versed in everything concerning bankruptcy, and you would never find anyone better than a Fresno bankruptcy attorney for this.

Different Types of Bankruptcy
Bankruptcy is dealt in three manners in the US. A qualified professional Fresno bankruptcy attorney is the best person to tell you all about this, but the given information should give you a brief idea.
The most common sort of bankruptcy is Chapter 13. A comprehensive plan for repayment of your debt is formed by your legal counsel. The process could involve extending the time given for the repayment, and even lowering the amount of money to be repaid. All of this is done with the agreement of the creditors.

The kind of bankruptcy where you have to liquidate some of your assets, with the exception of your personal belongings and other items of daily need is dealt with under the chapter 7 bankruptcy. At the end of the day, the credit report gets a black mark, and most of your assets are sold off to satisfy your creditors.
Chapter 11 bankruptcy works well for those who personally own the business. It lets the owner retain command of the business while the legal proceedings continue. A chapter 11 bankruptcy is the solution if the business isn’t able to pay its bills.

Does Bankruptcy Mean The End Of The World?
For the more adventurous, there are other options of dealing with bankruptcy like debt consolidation, debt settlement, credit counseling and debt management. Interest rates could be brought down with debt relief and penalties could as well be waived. At the end of the day, you don’t owe that much of money, and it is certainly not the end of the world if you find yourself bankrupt one day.

The Penniless Attorney And His Obligation To Pay Child And Spousal Support

You know that paying child and spousal support is tough in California where even a high paid attorney complains about his support obligations. In the case of Marriage of Mosley, an attorney pleaded with the court to modify his monthly child and spousal support payments, claiming that he was financially destitute after making his payments.

After sorting out the interesting facts of this case, the Court of Appeal had to address two common issues: 1) how to apply bonus income to the support calculations; and 2) when to impute earning capacity to a party who insists on not working. I think you will find that the Court applied some common sense in rendering its decision.

The Initial Support Orders

Paul and Dawn Mosley were married for twenty years, lived in Orange County, and had five children. Both parties were licensed attorneys. Notably, Paul was a real estate lawyer during the recent real estate boom. Dawn, on the other hand, quit practicing law early on in the marriage to tend to their children. In 2002 the parties were divorced.

The parties’ 2002 Judgment of Dissolution ordered Paul to pay Dawn $6,810 per month and 21 % of all of his bonus income. The child support order was based on the fact that Paul earned $447,150 for the year 2001, which equated a gross monthly income of $32,175. Paul’s timeshare with the children was 32 percent (a factor considered by California’s guideline formula). No income was imputed to Dawn when support was calculated, since she was still unemployed and taking care of the minor children at the time the divorce was finalized.

Paul was also ordered to pay Dawn spousal support, in the amount of $4,100 per month, plus 15 percent of his bonus income. The spousal support order included a provision that the amount of support was insufficient to maintain the marital standard of living. The total amount of support (child and spousal combined), amounted to $10,910, plus 36% of all of Paul’s bonus income.

The Times, They are a Changing!

As Paul’s tax returns revealed, the practice of a real estate attorney was quite lucrative between 2000 and 2003. This chart shows Paul’s income (base salary and bonuses combined), for the listed years:

2000 – $529,652

2001 – $616,697

2002 – $689,215

2003 – $753,651

Unfortunately, the real estate market’s bubble burst. Paul found himself out of a job when his law firm phased out their real estate practice. In February, 2005, Paul took up a new job as in house counsel with a home builder. Paul’s new base salary was $205,000. However, his new compensation package provided that he could also earn a discretionary bonus of up to 150 percent of his base salary. In 2006 Paul filed an Order to Show Cause for modification of support, asserting that there was a material change of circumstances, warranting the court to modify the support orders.

Paul made several arguments in support of his request for modification of the support orders. He explained to the court that he was not capable of paying $10,910 monthly support as ordered, since his take home pay was often less than the amount he was ordered to pay. Paul declared that in the first two months of 2006, he paid Dawn more than the amount of his take home pay and borrowed all of his living expenses. In March, 2006 Paul received the remaining $85,000 of his 2005 bonus, most of which he used to reduce prior borrowings. He estimated that the remaining amount of his bonus would permit him to go two months longer before he would have to start borrowing again. Paul expected he would have to borrow 100 percent of his living expenses for the remaining six months of the year.

Paul also argued that the court should impute income to Dawn based on her earning capacity, since she had been given a Gavron warning (an advisement that she should make efforts to become self supporting), she was an attorney with impressive credentials, and based on her education and work history. Paul asserted that Dawn could earn at least $78,000 a year, and the court should impute those wages to her, in spite of the fact she was not working.

In opposition, Dawn argued that she could not afford a decrease in child or spousal support, since her monthly living expenses amounted to $10,000, and she was already living below the marital standard of living. Dawn also argued that the court should not impute wages to her, since she quit the practice of law several years ago, based on an agreement that she and Paul had entered into at the beginning of their marriage. Paul and Dawn had agreed that Dawn would stay home to take care of the kids, while Paul would go to work, and advance his career.

Finally, Dawn argued that the support orders should not be modified, since there was no showing that Paul’s income had actually decreased to the point where a modification was warranted. Dawn pointed out that Paul’s end of the year income for 2005 amounted to $448,392 (which included his base salary and bonus). Although his 2005 income was less than it had been in several years, it was greater than his base income of $447,150, as reflected in the 2002 judgment. Therefore, Dawn argued, there was no change of circumstances and Paul still had the ability to pay the court ordered support. The trial court denied Paul’s request for modification after determining that there was no change of circumstances warranting a reduction of support. In addition, the court refused to impute income to Dawn, reasoning that there was no showing that a job was available to her, and it was not in the best interest of the children for Dawn to work.

The Court of Appeal Weighs in

In a harshly worded decision, the Court of Appeal reversed and remanded the matter back to the trial court, ordering the court to recalculate child and spousal support, using Paul’s base salary, exclusive of his bonus income.

As the Court explained, “It exceeded the bounds of reason to require Paul to pay nearly 100 percent of his take home pay in support payments, on the assumption, based on only a one-year history with the home builder, that he would continue to receive a six-figure bonus each subsequent year. It placed him in a position of having to borrow for his living expenses, and thus resulted in a miscarriage of justice.” The court further reasoned that, “It would be an abuse of discretion for the court to leave Paul nearly penniless while he awaits the potential of a bonus each year, especially in light of the current plight of homebuilders.”

The Court of Appeal also held that the new order must include a different method for paying support based on Paul’s bonus income, citing In Re Marriage of Ostler and Smith (1990) 223 Cal.App.3rd 33, as follow: “No future bonus is guaranteed. It would therefore not be appropriate to base a support order on Husband’s bonus income and then require him to file motions to modify at such times as the bonus is reduced.” Instead, the Court suggested Paul pay Dawn a percentage of his bonus income, when he actually received it.

The Court of Appeal also directed the trial court to reconsider its ruling with respect to imputing income to Dawn, based on her earning capacity. While discussing Dawn’s earning capacity, the Court restated the law that a court may not impute earning capacity to a parent unless doing so is in the best interest of the children, citing In Re Marriage of Cheriton (2001) 92 Cal.App.4th 269. The Court then held that the same principal applies to when a Court calculates spousal support, citing Family Code, Section 4320.

But the Court of Appeal held that the trial court failed to consider all of the evidence before it in evaluating the best interest of the children. The Court recalled Paul’s testimony that if Dawn contributed to the support of the children, he would not need to spend as much time at work trying to maximize his bonus and would be able to spend more time with the children himself.

Conclusion

It is important to note that where bonus income is at issue, the trial court has the discretion, to include bonus income to the paying parent’s gross monthly income. However, based on the Marriage of Mosley, we know that the trial court should not include bonus income in calculating the monthly payment, if there is not a sufficient track record to predict receipt of the bonus income for future years, and when the support payment will leave the party penniless.