In a typical California divorce case, spousal support is awarded based on the need and ability to pay of the parties. However, if there is a history of domestic violence in a case, the spousal support analysis is not so simple. Embedded within California Family Code and cases is the public policy disfavoring an awarded […]
Search Results for: spousal support
New Spousal Support Laws not as Impactful as Reformers Hoped
As we have previously blogged, states along the East Coast have begun a movement to reform spousal support (what their laws refer to as “alimony”). The reformers argue that in many cases spousal support awards persist too long or at too high of a level after divorce. In order to reduce this problem, the reformers […]
Should I Agree to Non-Modifiable Spousal Support?
The issue of spousal support is often a hot topic in divorce proceedings. In today’s economy, one specific aspect of spousal support that becomes a very important consideration the couples going through a divorce is whether the spousal support order will be modifiable or non-modifiable. Typically, an agreement for spousal support awarded to either party […]
Should the Court Consider Child Support as Income When Setting Spousal Support?
For divorce attorneys in San Diego, one of the most hotly contested issues is typically spousal support. At the end of a divorce case, the parties must agree to a spousal support amount (even if that amount is zero) or have the judge rule on the issue. Spousal support tends to be a contested issue […]
The Second Wives Club Calls for Spousal Support Reform
Spousal support is an aspect of family law that divorce attorneys frequently answer questions about. In states such as Massachusetts and Florida, second wives are lobbying for spousal support legislation reform regarding “permanent” spousal support (commonly referred to as “alimony”). To clarify, in California, “permanent” spousal support is not a guarantee of a lifetime of […]
Is Spousal Support Always Reported as Taxable Income to the Receiving Spouse?
With Tax Day (April 15th) near approaching, both CPAs and divorce attorneys alike are likely receiving an influx phone calls from clients regarding the tax implications of spousal support, often referred to as alimony. Generally, spousal support is considered to be tax-deductible to the spouse who is paying the support. On the other hand, spousal […]
George Clinton’s Wife Demands Full Disclosure in Battle Over Spousal Support
Funk music innovator, George Clinton, and his wife of 23 years, Stephanie Clinton, are now amidst a battle over spousal support. TMZ reports that Stephanie is now seeking Clinton pay up and is requesting the court to order both temporary and permanent spousal support. Clinton is reportedly not too pleased about this request because he […]
Domestic Violence and Spousal Support in San Diego
In San Diego, domestic violence can have a tremendous impact in divorce proceedings, especially in cases involving spousal support. As we have previously blogged, spousal support can be classified as “temporary” or “permanent.” Two different standards are used to determine support based on its duration. Temporary support is usually determined using the guideline spousal support […]
Temporary v. Permanent Spousal Support
Throughout Del Mar and San Diego County, many divorcing parties are unclear about the concept of “alimony.” In California, the Family Codes and courts use the term “spousal support” instead of “alimony” to reference payments made from one spouse/former spouse to another for his or her financial support. Most parties are aware of the fact […]
How Long Do I Have to Pay Spousal Support?
Many Del Mar divorcés have unanswered questions following the termination of divorce proceedings. The court may make many orders regarding child support, spousal support and property division. While the duration and purpose of child support is clear, many ex-spouses are left wondering how long spousal support should continue. The primary purpose behind an award of […]