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 »
Does child support increase when you get married because of your spouse’s income?
QUESTION: I plan to marry at the end of the year and my partner is paying child support from California. Is their child support going to go up because of my income or is that not taken into consideration? ANSWER: New spouse income is NOT used to calculate child support-but tax filing status is. This… Read More »
Learn How to Collect Alimony or Child Support Arrears Using Real Propert Liens
Understanding Judgment Liens on Real Estate as a Tool to Collect Spousal Support or Child Support That Is Owed and Has Not Been Paid Summary: Alimony is the more common term in the United States but in California alimony is called spousal support. Under Section 697.320 of the California Code of Civil Procedure, a judgment… 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 »
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 »
How do I add income from a small business to the California Income and Expense Declaration, form FL-150?
Question: If my spouse is self-employed with his own business, how should his income be stated in form FL-150 Income and Expense Declaration? On line (1.a) must he must state the name of his business, and on line (1.h) he must state his business’s gross income (before any taxes)? On line (7) must he must… Read More »