FREE Special Report
Receive FREE Special Report

I Respect Your Email Privacy

Divorce Lawyers San Jose

December 27, 2007

Burden of Proof Not Met

Filed under: Uncategorized — admin @ 3:46 pm

The standard for modification due to cohabitation was not met where former spouse’s roommate made only one contribution toward household expenses, the couple did not have a joint checking account and did not commingle funds in any manner, wife’s cohabitation with roommate did not affect her need for support, maintenance payments were not used to support roommate, couple seldom ate together, wife never did his laundry, they only occasionally slept in the same bedroom, and wife’s cohabitation with roommate was not on a resident, continuing conjugal basis.

December 26, 2007

Certain and Definite

Filed under: Uncategorized — admin @ 3:42 pm

The provision for the payment of alimony by husband as “one-half of his salary earned and received as a teacher or employee of the public schools of the City of Chicago, Illinois, as long as he is so employed” was held reasonably definite and certain.

December 19, 2007

Malpractice

Filed under: Uncategorized — admin @ 4:28 pm

Because subsection (b) of this section, before 1982 amendments, permitted parties to agree to maintenance that would be payable following the remarriage of the recipient, a settlement agreement that included a provision that maintenance payments were not modifiable did not warrant imposition of liability on an based on a breach of the standard of care owed to his client.

December 3, 2007

Reserved Jurisdiction Method

Filed under: Uncategorized — admin @ 4:52 pm

Under the reserved jurisdiction method, the court orders the employee spouse to pay an allocated portion of the pension fund to the former spouse, as it is disbursed, while retaining jurisdiction to enforce the decree; the payments are made by the employee spouse “if, as and when” the benefits become payable.

Powered by WordPress