Category Archives: Spousal Support
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 »
Does Temporary Spousal Support Have an End Date in California?
Question: If temporary spousal support (alimony) is awarded, will that temporary support order have an end after the standard “half the length of the marriage” or does the temp support continue until there is a final judgment? I had a short marriage of 18 months. Answer: This is a great question. Unless the court order… Read More »
Is Income Earned After I Separated from My Spouse Community Property?
Updated April 8, 2026 I am often asked questions relating to the date of separation in the context of a California Divorce. Question: Is income earned and property purchased after the date of separation, included in the division of community property in a California divorce? Answer: No. In California, income earned after the date… Read More »
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 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 »
How is spousal support changed if the payor moves out of California?
How is spousal support affected if the payor moves out of California? Moving out of state has no effect on Court Ordered Spousal Support. 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… 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.
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. I receive a great deal of questions from limited scope services customers regarding procedural rules in the Los Angeles County Family Law Court. The questions I am… Read More »
Why Date of Separation Is Important in a California Divorce
The Date of Separation is an important date in your California divorce which influences the determination of community property and debt division,the confirmation of the parties’ separate assets and debts, and spousal support. Updated April 8, 2026 You’ve decided your marriage is over. You might be considering filing a Petition. Perhaps you’ve already received one…. 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 »