Family lawyers are often perplexed by individuals who have variable or seasonable income. An actor can make a huge amount of money for three months work on a film and then have nine months of unemployment. A commission sales person can be lured to a new job by an initial large bonus characterized as a “loan” which is thereafter immediately forgiven over the succeeding years of employment. How should a court deal with that individual’s income for the purposes of child/spousal support and attorney’s fees?  The recent case of In re Marriage of Riddle, (2005) 125 Cal.App.4th, 1075, 23 Cal.Rptr. 3d 273, discusses these issues and provides a road map for handling same. Continue reading →

The last half of the ’90s have witnessed a dramatic rise in downsizing, enhanced early retirement programs, and voluntary early retirements for the sake of enjoying the “golden years.” Over the last 10 years, appellate courts have made it clear that a spousal support payor who chooses to take advantage of early retirement is still chargeable with imputed income, based on his or her earning capacity. Continue reading →