Family
Aug. 22, 2023
The ability to pay support and fees in family law cases is broadly defined
Decades of precedent are apparently insufficient to stifle the creativity of payors who are determined to avoid their financial responsibilities. The most recent iterations of this phenomenon are elaborated in Marriage of Hearn and Marriage of Cole, in which the payors (both lawyers) attempted unsuccessfully to bamboozle the trial courts.
In the half-century that the no-fault divorce law has been on the books, litigants who are likely to be ordered to pay child support, spousal support or attorneys' fees have resorted to a variety of strategies to limit their exposure. In general, those strategies involve minimizing income and maximizing deductions.
As a threshold matter, such litigants may attempt to avoid the provisions of Family Code section 4058 that defines income broa...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In