Category Archives: Spousal Support
Is a Financial Statement Required When the Payor Wants to Change a Spousal Support Order after a California Divorce Judgment?
Is a financial statement required when the payor wants to change or terminate spousal support after a California divorce judgment was issued? I often receive questions about modifications of spousal support orders after a divorce judgment has been issued by the court. Recently, I recently received the question below regarding a post judgment spousal support… Read More »
How to Ensure Fluctuating Income from Bonuses or Commissions Is Included in Spousal Support and Child Support Orders in Los Angeles Divorce or Paternity Cases
Bonus Income and Ostler Smith Awards: Navigating Fluctuating Income in Support Proceedings in California Divorce or Paternity Cases One of the important issues divorcing couples face is determining appropriate spousal and child support awards (For unmarried couples with children child support is usually an issue too). In cases where one party receives bonus income or… Read More »
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 »
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 »
The Rules About Serving and Filing Responses to Requests for Orders in Family Law Courts can be Confusing. Here is a Primer on What to Do and When to Do It.
The questions I was asked: My ex hired a lawyer and their lawyer served me with a request to modify custody by mail at the wrong address, but I was notified and received the papers. Do I have to serve a copy of my response to the request before I file it? Who do I… Read More »
There’s no difference. The phrases prenuptial agreement and premarital agreement and the word “prenup” all refer to the same thing: an agreement signed prior to marriage which contracts to modify the rights and obligations of parties from the statutory rules which govern the characterization of real and personal property as community property, the division of… Read More »
Asking questions about an attorney’s qualifications and skills can be embarrassing and a little intimidating. A divorce is one of the most important events in your life. It makes sense to enquire about the attorney’s background and experience. Here are 15 Questions You Should Ask Potential Divorce Lawyers Before Hiring. Your lawyer should be able… Read More »
Traditional litigation lawyers and parties are in adversarial roles. You can imagine that if one company sues another over trademark infringement for example, the case begins as a zero-sum game with a winner and a loser. It’s true most cases settle, but the mindset of the litigants is one of war. This can be the… Read More »
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 »
Four Steps to Improve Your Chances of Getting What You Desire In Family Law Hearings If You Are the Movant Submit Terrific Papers. Opposition Papers Should Be Filed As Early As Possible. Opposing Papers Should Attack the Weakness of The Movant’s Papers. Consider Telling Your Attorney You Don’t Want An Objection to The Evidence Pleading Filed…. Read More »