Articles by category: Spousal Support

Spousal Support

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.

Read more...

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.

Read more...

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.

Read more...

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.”

Read more...

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.

Read more...

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.

Read more...

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.

Read more...

Mortgage Payments After Separation

By Marcus Morales on Mar 08, 2018 in Spousal Support, Articles, Business Valuation, Divorce, Legal Separation, Property Division

If the spouse is using separate property to pay the community debt, i.e. wages earned after separation, then the payer spouse may be entitled to reimbursement from the community for paying the community debt. Beware, a spouse who resided in the community home exclusively may have to reimburse the community for the rental value of the home during the period of exclusive use.

Read more...

California Length of Spousal Support: Gavron Warnings

By Marcus Morales on Mar 08, 2018 in Spousal Support, Articles, Divorce, Legal Separation, Property Division

If the court deems it appropriate, the court will issue a warning to the supported spouse that they must makes efforts to find work and support themselves, as the court intends to terminate or modify spousal support at a future date.

Read more...

Preliminary Disclosures

By Marcus Morales on Mar 08, 2018 in Spousal Support, Articles, Business Valuation, Divorce, Legal Separation, Property Division

Read more...

Ask a Question

* Required



Clients Are Saying:

Although our custody case isn't quite over, we have seen a drastic improvement in leadership, dedication and responsiveness in comparison to our previous attorney. Marcus is a leader. He is truly there to help his client(s) achieve their goals. He is honest and he is fair. Hire him.

Featured Article

Take Our Information With You



Print Friendly and PDF