Category Archives: Spousal Support
In CA Alimony and Child Support Matters Expense Deductions on the Tax Returns of Small Business Owners Will Be Carefully Reviewed by the Court
Business Owners: Why Your Tax Return Doesn’t Dictate Support in California: When Addressing Alimony and Child Support Matters Expense Deductions on the Tax Returns of Small Business Owners Will Be Carefully Reviewed by the Court If you own a small business or are divorcing someone who does (or you are in a child support… Read More »
Learn What Impact Cohabitation Has on Alimony in California Divorces
An Ex Spouse Who Receives Alimony and Begins Cohabiting with a New Partner May Be Providing the Factual Basis for the Payor Ex Spouse to Obtain a Court Order to Modify the Amount of Alimony. What You Need to Know: Navigating the complexities of alimony in California Family Law Courtcan be challenging, especially when new… Read More »
The California Appellate Court Clarifies Spousal Support in Cases Involving Federal Immigration Law-I-864 Affidavits of Support
In a case published June 20, 2025, the California Appellate Court Stated that Income Available for Support Must Be Calculated Before Support is Determined Even in Cases Involving I-864 Affidavits of Support California Appellate Court Clarifies Spousal Support in Cases Involving Federal Immigration Law (I-864 Affidavits) A recent opinion issued by the California Appellate Court… Read More »
Is Alimony (Spousal Support) Taxable in California?
I am often asked whether alimony is taxable in California. The short answer is YES. Here’s the question I received yesterday. I post it as I believe the answers to the question are helpful. QUESTION: I have a spousal support mutual written agreement that I started receiving payments in 2024 ( entered also that year… Read More »
I Have Never Had A Couple Get Divorced After Getting a Prenuptial Agreement
This is obviously clickbait. But, it’s true. In my career I have never had a couple who retained me to prepare a prenuptial agreement for them file for divorce. The implication is that Prenups make marriages stronger, right? Well…no. I believe that couples who who agree that they want a prenuptial agreement and come to… Read More »
Can My Spousal Support Be Modified 14 Years After the Divorce?
QUESTION: I was divorced 14 years ago and receive spousal support. I received a Gavron warning and have worked for the last 12 of 14 years. 2 years ago I become injured and am now completely and permanently disabled and unable to work. Also, my ex’s income has gone up significantly. Can I get a… Read More »
Learn What to Do If You Have a Prenuptial Agreement and Your Spouse Seeks Temporary Spousal Support Anyway
Question: My Spouse and I executed a Prenuptial Agreement. It included a waiver of spousal support. They have brought a request for orders for temporary spousal support. Is that Allowed? What do I do? Answer: Yes, they can seek temporary spousal support. You should file a request for orders and a motion to bifurcate the… Read More »
My Ex Moved Out of California Can Our Child Support Order Be Changed By the Court In the New State?
Question: My Ex Moved Out of California Can Our Temporary Support Order Be Changed By the Court In the New State? Here in California a temporary order concerning child support, spousal support and custody was issued by the court. The order included an Ostler-Smith bonus order. My ex has since moved out of state with… Read More »
How Does the Payment of Temporary Spousal Support Influence the Final Jugment of Divorce: How Long Does Temporary Support Last?
Question: Our marriage lasted four years, and our dissolution has been pending for two years, with temporary custody and child support plus alimony orders issued by the court. Should the two-year period and the amount paid for temporary support influence the final judgment on child support and alimony? Answer: Yes, temporary spousal support counts… Read More »
Understanding Bonus Income in California Divorce Cases: The Ostler-Smith Approach
If you’re a Californian contemplating divorce or currently undergoing one, and you or your spouse has a variable bonus income, understanding how this income is accounted for in support payments is crucial. This is especially true if the party paying support has both W-2 income and variable bonus income. One of the seminal cases in… Read More »