San Diego Divorce Attorneys BlogFamily Code section 3580 et seq. provides that spouses may enter into agreements regarding support upon separation. In Pendleton and Fireman, our Supreme Court held that parties could agree to limit or waive spousal support in premarital agreements. What about the time in between? Can married spouses who have not yet separated enter into […]
Search Results for: spousal support
Spousal Support Termination Under Family Code 4322
Termination of spousal support jurisdiction is always a highly contested issue. The party paying support wants spousal support terminated as soon as possible, and the party receiving support would prefer support be paid forever. Which party will get what they want will depend on the facts of the case. At the outset I want to […]
Is My Spousal Support Income?
Almost every divorce case that comes through our office will have spousal support (also called alimony) as a major issue. Whether we represent the party who will pay spousal support or we represent the party who will receive spousal support, one of the first topics we discuss is how the IRS will treat spousal support […]
Payor Beware: Pitfalls with Deductible Spousal Support
According to section 215 of the Internal Revenue Code, spousal support (otherwise known as alimony) is generally taxable income to the payee and tax deductible to the payor. However, if payors aren’t careful, they may inadvertently agree to support arrangements that are not deductible. Retroactive Support In California, the Court has discretion, and often exercises […]
Different Spousal Support Orders a California Judge Can Make
California judges can make so many different types of spousal support orders, it can make a lawyers’ head spin, let alone the actual parties to a divorce. For instance, many people need help understanding the difference between a $0 spousal support order and an order where the Court terminates jurisdiction to award support (it turns […]
SPOUSAL SUPPORT AND SIGNIFICANCE OF THE 10-YEAR MARRIAGE
If you are going through or have gone through a divorce in California you’ve probably figured out that the length of marriage becomes very important and can become a hotly contested issue at divorce time. While the length of marriage is relevant for a number of issues in divorce litigation, there is special and controversial […]
Upward Modification of Spousal Support Post-Judgment
Spousal support is a hot topic in divorce not only during the divorce process but also after the parties’ divorce judgment has been processed and finalized. We often meet with clients who are currently paying spousal support pursuant to court order and, based on a substantial change in circumstances, would like to request a downward […]
Modifying Spousal Support Post Judgment – Payor Spouse
Post judgment motions to modify support orders can be tricky. Less so with child support orders; which are often as easy as putting numbers in a program (income, child sharing percentage, statutory deductions, etc) and pressing the return button. However modifying permanent spousal support is another story.In order to justify a modification of permanent spousal […]
SO YOUR EX QUIT THEIR JOB…NOW WHAT DO YOU DO? [Part Two – Spousal Support]
In Part One of this blog, I discussed the issue of income imputation (often referred to as earning capacity) in child support cases. The focus of the article was about your options if the other parent voluntarily quit their job and was seeking a modification of child support. As that blog explained income imputation (assigning […]
Securing Spousal Support with Life Insurance
Spousal support is typically a contentious aspect of many divorces here in San Diego. Many divorcing couples spend a lot of time litigating the amount of spousal support to be paid by one party to the other. However, once the parties have settled or the Court makes a decision regarding the amount of spousal support, […]