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Category: Alimony

Will the Court Consider Your New Spouse’s Income in Deciding Whether to Modify Spousal Support?

on May 28, 2019Posted in Alimony,Divorce,Family Law,Spousal Support

In California, permanent spousal support ordered at the end of a divorce can be modified by a judge in the future if there is a change in circumstances (absent some exceptions we won’t consider here). Now, what will be considered a change in circumstances is, effectively, specific to each case. Hopefully, there is a clear… read more

Have you heard about the new spousal support tax rules?

on April 10, 2019Posted in Alimony,Divorce,Divorce Articles,Spousal Support,Taxes

Tax day is almost here! If you are getting divorced, you might not know about this newly applicable tax rule on spousal support (alimony). Effective January 1, 2019, Section 11051 of the Tax Cuts and Jobs Act repeals the tax code section that formerly allowed the payor of spousal support to deduct the same amount… read more

California Divorce Court May Consider Specific Bad Acts When Making Spousal Support Orders

on January 17, 2017Posted in Alimony,Spousal Support

The California Court of Appeal recently published a new opinion clearly stating that courts may consider bad behavior with regard to spousal support orders. In the case of In re Marriage of Genise and Donn Michael Schu, Jr., the wife (Genise) apparently had a sexual relationship with one of her child’s friends while the child… read more

Mary J. Blige’s Husband Asks for almost $130,000 per month in Spousal Support

on October 26, 2016Posted in Alimony,Divorce,Spousal Support

Singer Mary J. Blige and her husband Martin “Kendu” Isaacs filed for divorce earlier this year. News reports indicate that Mr. Isaacs is asking for approximately $130,000 in monthly spousal support. Many in the public think that Mr. Isaacs shouldn’t be asking for support from his wife. He makes his request based on his contribution… read more

Contempt: Disobedience of Court Orders May Result in Fines or Jail Time

on March 31, 2016Posted in Alimony,Child Custody,Child Support,Contempt,Enforcement,Family Law,Spousal Support

“Contempt” is defined in Black’s Law Dictionary as “conduct that defies the authority or dignity of a court or legislature.” Courts make orders and people are expected to obey those orders. In some cases people behave badly and fail to obey court orders. When that happens, one is left to seek enforcement of the court’s… read more

Can I stop paying spousal support now that my ex is shacking up?

on December 6, 2015Posted in Alimony,Divorce Articles,Family Law,Spousal Support

It depends. Those who are ordered to pay spousal support (often referred to as “alimony”) to an ex-wife or ex-husband may be left without a date that they get to stop paying support. Under California law, if a marriage lasts longer than ten years the court will generally not set a given date for the… read more

Can I Avoid Paying Spousal Support With a Prenup?

on December 1, 2015Posted in Alimony,Family Law,Prenuptial Agreement,Spousal Support

On one hand, prenuptial agreements (“prenups”) can be a smart decision for two adults who have taken the time to think about how they want to plan their future and ensure they each receive protections they agree upon. On the other hand, prenuptial agreements can be abused where there is an imbalance of power, lack… read more

Motivation for Retirement Matters

on November 20, 2015Posted in Alimony,Family Law,Spousal Support

As we’ve seen in every other case, avoiding responsibility isn’t a necessary factor to impute income but it’s a very persuasive reason when it’s there.   In Sinks, we find that bad faith is enough to impute income even in a case where the the ex-husband, who was ordered to pay spousal support, retired rather than… read more