Category Archives: Alimony
The Divorce Process in California Explained
A PRIMER ON THE DIVORCE PROCESS IN CALIFORNIA Just like any lawsuit, a divorce case has a beginning. a middle and an end. 1. The Beginning In California a divorce case traditionally begins with a summons and petition of divorce and a response to the petition. In cases with minor children, certain data such as the age, birthdate, and… Read More »
Is Alimony Deductible and Reported as Income for Taxes?
Is Alimony (known as Spousal Support in California Family Law Courts) deductible by the payor and reportable income to the payee? On your California Return the answer is yes. In California if you receive alimony payments, you must report it as income on your California return. If you pay alimony to a former spouse/RDP, you’re allowed… Read More »
Los Angeles Family Law Courts No Longer Have Court Reporters
Change in Rules Regarding Court Reporters Effective November 14, 2022 the Los Angeles Superior Court Family Law Departments will amend its policies regarding the availability of official court reporters. Official court reporters are not statutorily required to be provided in unlimited civil, family law, or probate matters, and existing court reporter coverage will end November 14… Read More »
How Are Student Loans Divided by the Court in California Divorces?
Question: ” I am getting divorced in Los Angeles County. My ex wants me to take on half her student loan debt. They finished graduate school six months be fore we separated. We were married 10 years. Am I responsible for a portion of their student loan debt?” Answer: You are not responsible for her student… Read More »
How is spousal support changed if the payor moves out of California?
How is spousal support affected if the payor moves out of California? Question: In my divorce judgment I have to pay long term spousal support. Do I still have to pay spousal support if I move out of California? I am moving to get a better job. Answer: Spousal support is also known as alimony…. Read More »
Why Date of Separation Is Important in a California Divorce
I am often asked questions relating to the date of separation in California divorces. The date of separation is important to the division of community assets and debts in the divorce. It’s also important in determining the long term spousal support. Here’s an informative example: Question: My husband took out a big loan from his… Read More »
Small Business Owners Must Justify Their Business Deductions To Claim Reduction of Income Available for Child Support
In 2020 the California Appellate court held that a trial court erred by allowing depreciation deductions taken on equipment and other assets used in self-employed husband’s businesses (as listed on his income tax returns) to reduce amount of income available for child support. The court stated the burden was not on the wife to show… Read More »
Can CA Courts Deny Need-Based Attorney Fees?
Can a California Court Deny Need-Based Attorney Fees Due to Bad Conduct? In a California divorce, the law generally aims to ensure a “level playing field.” Under Family Code § 2030, courts often order the higher-earning spouse to contribute to the lower-earning spouse’s attorney fees. This policy of “parity” is designed to ensure that both… Read More »
15 Vital Questions to Ask a Divorce and Family Lawyer Before You Hire One
15 Vital Questions to Ask a Divorce and Family Lawyer Before You Hire One Choosing the right representation for your family law or divorce matter is one of the most consequential decisions you will make. In Los Angeles County, the legal landscape is complex, and the outcome of your case often depends on the experience… Read More »
How Spousal Support is Determined in Los Angeles and Orange Counties
If there is a disparity in the income of spouses, a spouse may seek temporary support payments (commonly referred to as alimony). This occurs after a petition for divorce has been filed but before the divorce trial or stipulated judgment has been issued. The party seeking support asks the court through a formal, written request… Read More »