The client must believe in the attorney for the best result, and issues below indicate there might be spousal support (alimony); so as an example, let's say we were concerned with the "Modifiability" of the spousal support, or the NONMODIFIABLE spousal support order; or of the modifiability of such support orders in another state? Or it could be the BASIS for modification, and if there was a material change of circumstances...Yes there is case law on all these issues at the appellate level. Therefore, even if new case law comes up on the subject, it may or may not affect your case. That is why we do legal research to make sure nothing has changed in the law that might affect our facts.
Family Codes such as FC3603, 3651(c)(d), 4333, 4335, 4336, 4336(a)(b)(c), 3591(e),3590,3591(a)(b)(c),4909(f) and far more, can pertain to many cases involving modifiability of spousal support, basis for modification, and material change in circumstances.
CASE EXAMPLE INVOLVING FEES/SUPPORT
As just a personal example, attorney's client was over age 65 and he was retired; the wife was also retired. In our attempt to be awarded attorney fees, we also requested spousal support because the wife made about 3x the income of what the client made, BUT the client had a pending "TRO DV" in another county that was not yet litigated, and the court allowed the wife's attorney to keep the TRO issue open for at least a year? Now most attorneys would instantly tell you-- your client ain't gonna get fees or support because of the pending TRO DV in another county? [Pending does not mean conviction obviously!]
Under the law, the court can consider not awarding spousal to someone who has a conviction under a TRO DV...However, the client here, had a pending TRO DV case, and nothing had moved forward on it? FC4320(m)
Attorney herein believed that attorney might be awarded a small amount of legal fees, but not likely the spousal support. Surprisingly, the Court awarded the client spousal support, after the opposing attorney went off (in front of at least 30 attending attorneys) and claimed that attorney herein "did not know Family law?!" LOL Biggest joke ever, the opposing attorney should be retired because he's a know it all that just lost the case because he couldn't keep his mouth shut?
Attorney laughs every day at that incident, and is now good friends with the client for years. OH--and this isn't legal jargon--but attorney herein has a down to earth friendly, social personality, and is not overly bookish or serious. Attorney does research technology regularly. Must be from working with so many male contractors over the years! We really don't need overly serious attitudes for every aspect of divorce. Really.
