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Category: Spousal Support

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

In Re Marriage of Kumar, I-864 Affidavit of Support, and Spousal Support

on August 18, 2017Posted in Spousal Support

Immigration is a perennial hot topic in the press, although not as well-known for its impact on Family Court. However, In re Marriage of Kumar states a new rule on an issue of first impression in California: A signature on an I-864 Affidavit of Support creates a contractual right to support a spouse, enforceable by… read more

How do I get the court to impute income to my non-working spouse in order to reduce my spousal support obligation?

on June 19, 2017Posted in Spousal Support

In some cases, where one spouse is the sole bread-winner, and the other spouse does not work or is not working to full earning capacity, the court may impute income to the non-working spouse for the purposes of determining spousal and child support, essentially treating the non-working spouse as if he/she is working and earning… 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

Ending Spousal Support: How to Prove that an Ex is Shacking Up

on March 25, 2016Posted in Family Law,Spousal Support

In an earlier entry, we discussed the issue of how an ex-spouse’s cohabitation (“shacking up”) impacts the modification of a spousal support order. But how can you prove it? It’s probably not enough to just file a motion with the court and say that your ex is shacking up. A judge will expect you to… 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