Child support is non-taxable. It’s nondeductible by the child support payer and it’s non-tax includable to the child support recipient. This is rooted as best I can explain it in the concept that child support, while paid by a parent to another parent is nonetheless money that belongs to the child. The recipient parent gets […]
Assuming that spousal support is being paid during dependency of a family law action by court order – and again, that’s either an order that’s initiated by the court after listening to evidence, or it’s an order that’s based upon a signed agreement of the parties. No spouse can engage in self-help and say, “I […]
The courts won’t accept an artificial reduction in income as a basis upon which to decide future support obligations of one spouse to another. Most courts are pretty sophisticated in being able to spot that. And if that is one spouse’s divorce planning, if that be the goal of a high-income spouse, that goal being […]
Do California judges order permanent and indefinite spousal support? Read on to learn more about spousal support in California.
When it’s difficult to look into the future, and it commonly is, and see where a recipient spouse might be given two or five, or seven years to rehabilitate themselves, it might be best to enter into a more short-term agreement or advocate to a court in the absence of an agreement, that there be […]
Spousal support payments do not end based upon the cohabitation of the recipient spouse. But there is a presumption of decreased need when a recipient spouse cohabits. Oftentimes the dispute is whether there is a cohabitation or whether there’s merely some co-tenancy or co-occupancy of premises. Now the cases and the statutes, both in California […]
The determination of the amount really depends upon what type of alimony, oftentimes called, “spousal support,” use those references synonymously – is looking at. There are two different phases that most courts will look at, certainly, in California, and that is temporary spousal support and long-term spousal support. Temporary spousal support is that which one […]
Most people going through separation and divorce are concerned about getting their fair share. What advice would you give them?
In dividing pensions I think the first place to look is whether or not the recipient spouse is in pay status or not. If the recipient spouse is in pay status, in other words they’re already receiving their monthly or quarterly, or periodical benefit, however it’s paid. Then it’s just a function of figuring out […]
It’s never required that the parties engage in a business valuator, the parties agree to valuations. Unfortunately those agreements are not as forthcoming or as frequent and forthcoming as we might like. There are ways of looking at business value without hiring and obtaining the opinion of a business valuator. Give you an example of […]