Articles by category: Spousal Support

Spousal Support

Santa Barbara Divorce Law- Marital Standard of Living and Spousal Support

By Marcus Morales on Jul 27, 2018 in Spousal Support

The marital standard of living established during the marriage is one factor the court will consider in determining spousal support in Santa Barbara Divorce cases, but it is far from the only factor the court will consider.

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Santa Barbara Divorce Law- Modification of Spousal Support Change of Circumstances Rule, Except For Failure For Spouse To Diligently Seek To Become Self Supporting

By Marcus Morales on Jul 25, 2018 in Spousal Support

Santa Barbara Divorce Law- generally, a modification of spousal support after judgment requires a showing of a material change of circumstances. Yet, several exceptions to this rule applies, such a spouse’s failure to diligently seek to become self-supporting.

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Santa Barbara Divorce Law- When Will Spousal Support (alimony) Payments Begin?

By Marcus Morales on Jul 24, 2018 in Spousal Support

In order to receive spousal support as soon as possible, you should file a Request For Order, with the required financial disclosures, and set a court date.

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2018 Tax Law Changes Tax Deductibility of Spousal Support

2018 Tax Law Changes Tax Deductibility of Spousal Support
By Marcus Morales on Apr 19, 2018 in Spousal Support

Starting January 1, 2019, spousal support paid will no longer be tax deductible by the payor and included in the recipient's taxable income, for federal tax purposes.

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Think your spouse could earn more? Ask for a Vocational Exam

By Marcus Morales on Mar 13, 2018 in Spousal Support, Articles, Business Valuation, Child Support, Divorce, Legal Separation

When child or spousal support is at issue, one party may voluntarily make less money to lower the support payment, or not work so you have to pay more in support. Family Code Section 4331 provides a solution, a Vocational Examination.

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Bonus pay, Overtime pay, Child and Spousal Support Order

By Marcus Morales on Mar 13, 2018 in Spousal Support, Articles, Business Valuation, Child Support, Divorce

Is bonus or overtime pay considered in a child or spousal support order? Typically, the court will consider all income from any source derived. But, if bonus and overtime income fluctuates, the court may impose what’s know as a Smith-Ostler order.

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Interest On Family Law Judgments

By Marcus Morales on Mar 13, 2018 in Spousal Support, Articles, Business Valuation, Child Custody , Child Support, Divorce, Legal Separation

If your family law judgment does not have an interest on late payment clause, can you collect interest? “Part of a judgment of dissolution which awards money in lieu of an in-kind division of non-monetary community property is a money judgment on which interest accrues from the date of its entry.”

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In Re Marriage of Olson Changes Procedure For Seeking Modification of Child Custody and Child Support After Default

By Marcus Morales on Mar 13, 2018 in Spousal Support, Articles, Child Custody , Child Support, Divorce, Legal Separation

The Second District Court of Appeal recently held that a mother seeking a modification of child custody and child support, after she defaulted and did not file a response to the divorce action and judgment was entered against her, had standing to seek the modification. This is in contrast to prior cases which ruled the default precluded standing to the defaulted party.

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Reasonable Self Defense Is Not Abuse When Requesting Domestic Violence Restraining Order

By Marcus Morales on Mar 13, 2018 in Spousal Support, Articles, Divorce, Legal Separation

IRMO Valerie and Louis G, the court affirmed that within the meaning of family code section 6203 (domestic violence statute), a person who responds reasonably to an aggressor does not commit abuse.

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What if My Spouse Spends Too Much Money?

By Marcus Morales on Mar 13, 2018 in Spousal Support, Articles, Divorce

Ordinarily, to the extent martial expenses reflect marital lifestyle, the focus should be on actual expenditures during the marriage- NOT ON THE APPLICANT SPOUSE’S “ESTIMATED” EXPENSES BASED ON THE “WISHES AND DESIRES” FOR A PARTICULAR LIFESTYLE.

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