Tax Tips and Traps

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Here are two topics you’d probably rather not think about: Divorce and Taxes. If you’re separated or newly divorced, however, it could be worth your while to get some good financial advice about both. Spousal Support Also known in some areas as “alimony” or “maintenance”, spousal support is typically treated as taxable income to the person receiving it and tax-deductible …

Forensic marital standard of living analysis

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Permanent (i.e., judgment) spousal support is always a challenging issue. How much is just right? For how long should it be paid? Can you use computer software to help calculate an amount? Can you rely solely on the number a support software program generates? How much money should the client spend on professional fees to reach a settlement on spousal …

Spousal Support

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More On Modifying Spousal Support An unpublished opinion out of San Diego County gives us more insight into the challenging area of modifying spousal support, and the requirement of proving a change of circumstances. Jennifer filed her petition for dissolution in February 2009.  In early May 2009, the trial court issued temporary child and spousal support orders.  Finding that Thomas’s …

Ex-Husband’s First Wife Can Get Attorney’s Fees From His Second Wife

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Paul and Jeanette got divorced in 1999.  As part of their settlement  certain properties were divided, and there were agreement to sell certain properties.  Also, Paul  was to pay spousal support to Jeanette.  Subsequently Paul married Patricia, and he got behind in his spousal support payments to Jeanette.  Paul also transferred certain properties that were part of his settlement with …

Calculating Child and Spousal Support in California

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An unpublished opinion out of Santa Clara County helps us to understand that an 80% work schedule can be considered full-time employment when calculating child support and calculating spousal support. Michael and Lily got married in 2003. They had two children. They separated in 2011. When they separated Michael was earning $9,156 per month as a college professor, and Lily …

Non-Modifiable Spousal Support Means Non-Modifiable

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With all too much frequency a higher wage earner, desperate to get his or her divorce over, commits to pay non-modifiable spousal support as part of the divorce settlement. Once again we have an appellate opinion that holds that paying spouse to that commitment regardless of the circumstances. Howard and Lydia are both lawyers. They got divorced. As part of …

The Evolution Of The Pre-Nup

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An unpublished opinion out of Orange County gives us a great primer of nuptial agreement law in California. Raymond and Roberta met in 1984.   They got engaged.  Raymond insisted on a pre-nup.  “Raymond told Roberta his last divorce was very difficult and he did not want to pay spousal support.  Raymond explained he would not get married unless she signed …

“Bonus Income” Defined

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In many cases there will be language in the court order providing that one party will pay X% of any bonus income as additional child support or as additional spousal support.  With time we are beginning to appreciate that the customary language is beginning to become problematic.  An unpublished opinion out of Ventura County demonstrates how, and tries to implement …

When Is A Remarriage Not A Remarriage?

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Andrew and Andrea got married in 2001.  In 2005 they separated.  As part of the divorce Andrew agreed to pay Andrea spousal support to Andrea in the amount of $32,547 per month and child support in the amount of $14,590 per month.  Marital status was terminated, but the other issues continued to linger in the courts. Andrea moved on, fell …

Step-Downs Of Spousal Support

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Madhu and Sameer got married.  Madhu and Sameer got divorced.  As part of the divorce settlement the judgment provided for monthly support of $2,650 commencing on June 1, 2007, which was annually stepped-down through June 1, 2010.  For the period of June 1, 2009 through May 31, 2010, Sameer was required to pay Madhu monthly spousal support of $1,650 per …