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You Are Here: Child Support You Are Here: Child Support Enforcement
        Restricted61. Divorce Source: Child Support/Imputed Income/Voluntary Change of Employment
The husband and wife were married in 1977 and separated in 1984. During the divorce proceeding, the wife was awarded custody of the parties ...
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        Restricted62. Divorce Source: Child Support/Guidelines/Constitutionality
In Orange County v. Ivanesco, 67 Cal. App. 4th 328, 78 Cal. Rptr. 2d 886 1998, the fourth district court of appeal held that Cal. Fam. Code 4071.5 is unconstitutional, because it deprives a trial court of the discretion to consider an obligor ...
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        Restricted63. Divorce Source: Child Support/Enforcement/Statutory Rape
The policy of California ...
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        Restricted64. Divorce Source: Child Support/Imputed Income/Presumptive Effect of Social Security Administration Ruling on Disability:
In a break with other states, the court held that when a person has been determined disabled by the Social Security Administration, there is a presumption that such a person is in fact disabled and unable to earn income. The burden of proof that the person can earn income is on the other party. Gol ...
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        Restricted65. Divorce Source: Child Support/Postmajority Support/Constitutionality:
Father appealed an order for support for children between 18 and 21 years of age attending school, contending the statute authorizing the order is unconstitutional. The court held that the classification in Or. Rev. Stat. 107.1081 is permissible under the Equal Protection Clause. In re Marriage of C ...
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        Restricted66. Divorce Source: Child Support/College/Modification for Changed Circumstances:
The mother appealed an order denying reconsideration of an order directing her to contribute toward the college tuition expenses of her daughter. The appellate court held that the trial court had failed to consider whether changed circumstances had substantially impaired her ability to support herse ...
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        Restricted67. Divorce Source: Child Support/Imputed Income/Income from Real Property:
The husband objected to the trial court imputing a rate of return on his separate property real estate which was nonincome producing. The appellate court affirmed the imputation of income to nonincome producing property. bIn re Marriage of Destein, No. A090293 Cal. Ct. App. Aug. 30, 2001. ...
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        Restricted68. Divorce Source: Child Support/College Tuition/Selection of College
The central issue of this appeal was whether a divorced spouse can be compelled to contribute to the college education of a child at a private college. The father argued that although he had an obligation to contribute to his sons college education he could be compelled to contribute an amount in ex ...
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        Restricted69. Divorce Source: USING QDROS TO ENFORCE SPOUSAL AND CHILD SUPPORT
In 1974, Congress passed the Employee Retirement Income Security Act of 1974 P.L. 93-406, 88 Stat. 829 ERISA to provide better protection for beneficiaries of employee pension and welfare benefit plans in the private workplace. ERISA imposed a number of requirements on these plans relating to report ...
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        Restricted70. Divorce Source: Child Support/Dependency Exemption/Alloca-tion
South Carolina has joined the list of states holding that federal law permits state divorce courts to allocate the federal income tax dependency exemption for minor children. The trial court held that the exemption was a marital asset, and that an equal division was equitable. To implement that divi ...
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