Spousal Support

Under California Family Code Section 4320, spousal support, also known as alimony, is a court order or mutual agreement for one spouse to financially support the other. Usually, payments will be calculated to last only as long as reasonably necessary to allow the supported spouse time to become self-sufficient. However, the length of the marriage may be one factor in favor of permanent spousal support.

In order to determine the amount of spousal support, the court will use the standard of living during the marriage as a reference point. From there, the court may adjust the level of spousal support based on many different factors, such as: supported party’s contribution to the supporting party’s earning capacity, supporting party’s ability to pay support, obligations and assets of each party, duration of the marriage, ability of the supported party to engage in gainful employment, age and health of each party, history of domestic violence, and any other factor the court deems just and equitable. The attorneys at Wallin & Klarich have over 30 years of handling this daunting process. We have represented thousands of clients in spousal support cases, ensuring that our clients receive or pay the correct amount.

With so many factors to consider, it is imperative to speak with a Wallin & Klarich family law attorney. Furthermore, there may be several applicable exceptions that may adjust or even eliminate spousal support altogether. The first exception under which no spousal support will be awarded is if the spouse seeking support attempted to murder the supporting spouse. Also, spousal support will not be granted if the supporting spouse was subject to domestic violence at the hands of the other spouse within five years prior to the divorce. The purpose of these two exceptions is to prevent victims of these crimes from being forced to fund their own abuse.

Another set of exceptions pertain to probative fault that may be used to modify or terminate the spousal support payments. For example, if the supporting spouse intentionally diminishes their earning capacity in order to decrease support payments, the court may adjust the amount to reflect his/her true earning capacity. Likewise, if the spouse requesting support fails to make a good faith effort at becoming self-sufficient or mismanages income-producing assets, the spousal support may be modified. Additionally, if the supported spouse frustrates the custody/visitation rights of the other spouse by moving abroad, there would be a compelling case for spousal support modification. Whichever the case may be, you need a qualified Wallin & Klarich family law attorney handling your case to make certain that you get the results you deserve.

For more information, please visit us on our website at www.wkfamilylaw.com and read our Spousal Support section.

If you or someone you love is in the midst of a spousal support battle, it is vitally important to speak with an experienced family law attorney. We know that divorces and spousal support are sensitive issues with lasting impacts. However, with over 30 years of experience, the attorneys at Wallin & Klarich have handled thousands of cases and have helped each client through these tough times. Call us today at (888) 749-7428 or contact us on our website at www.wkfamilylaw.com. We will be there when you call.

Under California spousal support laws, a motion for modification of spousal support may be filed to alter spousal support payments. Through the course of a separation or dissolution of marriage, the courts will often award spousal support to one of the parties. The amount of that support is often based on the income and expenses of both parties.

After the court has made a finding awarding spousal support, that order will be in effect for a period of time. The length of support will be determined by a number of factors, including length of the marriage. Additionally, the support amount will remain unchanged unless one of the parties makes a motion for modification of support with the court.

When a motion for modification of support is made, the court will require both parties to submit current income and expense information. If the court finds that there has been a change in circumstances, it may change the spousal support order.

The current economic climate has given parties the ability to be untruthful about their current financial circumstances. This especially becomes a problem where one party is self-employed, and therefore more easily able to manipulate his or her income.

If you or a loved one is facing a reduction in spousal support or need to make a motion for modification of support, it is important that you speak with an experienced Ontario spousal support law attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of family law matters. Our attorneys will aggressively fight to get you the best possible result in your case and will always provide you with the quality representation you deserve. Call us today at (888) 749-7428 or visit us on our website at www.wkfamilylaw.com. We will be there when you call.

It was recently reported that Oscar-winning actress Sandra Bullock moved out of the home she shared with her husband, Jesse James, and his three children from previous relationships following allegations that James had an affair. The pair married in 2005. Since the news broke, the media have speculated on possible separation or divorce. If the couple decide to divorce, they should hire an experienced divorce lawyer who is familiar with California divorce law and can inform them of their divorce rights.

Bullock has been the star of blockbuster Hollywood films since the early 1990s, becoming one of Hollywood’s best-paid actresses. Just recently, she won a Best Actress Oscar for the film The Blind Side at the Academy Awards. Over the years, she has made several million-dollar donations to the American Red Cross for various charity relief efforts. James, a former bodyguard and mechanic, has hosted several television shows since the early 2000s and is the owner of several businesses, including the successful West Coast Choppers motorcycle brand. It is not known if they signed a prenuptial agreement prior to their marriage.

Both parties have not spoken about separation or divorce regarding these recent developments. The state of California has very specific divorce laws that are unique to the state. Marriage can be dissolved for two reasons: irreconcilable differences and incurable insanity. The latter is rarely used. Assets in a California divorce are separated as “community property,” property acquired during marriage to be split between the two parties, and “separate property,” property acquired before marriage to be retained by the owning party. Also, a judgment for spousal support (the term for alimony in California) is often permanent if the two parties were married for ten years or more.

At Wallin & Klarich, we’ve seen just how stressful legal matters can be for our clients and their loved ones. If you or someone you love is facing divorce or family law matters in Southern California, Wallin & Klarich will be there for you. The attorneys at Wallin & Klarich have over 30 years of experience in divorce matters and are very knowledgeable about California family law. Call 1-888-749-7428 or visit www.wkfamilylaw.com for a case evaluation. We will be there when you call.

Going through a divorce, child custody proceeding, or both can be one of the most stressful and emotional events in an individual’s lifetime. Although the parties’ finances are addressed, the parties often fail to realize the different tax effects that a family law case creates. With tax season upon us, it is critical that you consider or reevaluate the various taxes and deductions available.

Under Internal Revenue Code Section 71, California payments for spousal support or alimony are tax deductible to the party paying the support, and the payments are taxable to the party receiving the support. However, in order to claim spousal support or alimony as a deduction on your income taxes, a number of requirements must be met.

For example, it is required that the payments be received under a divorce or separation instrument, including a judgment, written separation agreement, or order requiring support payments (such as a temporary order). Even upon a final judgment, a deduction for the spousal support or alimony payments will not be allowed if the parties are still living in the same home. Finally, the payments cannot be “child support,” which is generally non-deductible to the party making payments.

A family law matter can be very emotional, and adding tax implications further complicates matters. Let an experienced Riverside County family law attorney review your case and reassure you that you are receiving the best tax benefits available to you. The law firm of Wallin and Klarich is prepared to answer your family law questions and is immediately available to assist you with your case. Contact us today at 888-749-7428 or visit our website at www.wkfamilylaw.com for additional information. We will be there when you call.

A recent court filing revealed that Jamie McCourt, wife of Frank McCourt, is seeking $998,945 per month in temporary spousal support in California while their marriage separation continues. Jamie McCourt’s lawyers claim that although this is a large sum, it would still leave Frank McCourt with about $1.3 million each month. Her lawyers argue that Frank McCourt is underestimating his net worth by manipulating his balance sheets.

The issue that most have taken interest in, however, is the question over who owns the Los Angeles Dodgers. Frank McCourt maintains he is the sole owner of the Los Angeles Dodgers. Conversely, Jamie McCourt continues to argue that they are both co-owners of the team. Who the actual owner of the Los Angeles Dodgers is set to be determined at a trial scheduled for May 24, 2010.

If you are thinking of filing divorce or you have a similar issue, it is important that you speak with an experienced Los Angeles family divorce law attorney. Wallin & Klarich has been in the business of vigorously representing clients with their family law matters for over 30 years throughout Southern California and would like to help you with yours! Our attorneys are experienced and knowledgeable and will provide you with the quality representation you deserve. Call us today at (888) 749-7428 or visit us on our website at www.wkfamilylaw.com. We will be there when you call.

In In Re Marriage of MacManus, the appellate court held that the trial court properly considered the ex-spouse’s history of domestic violence in retroactively reallocating child support to spousal support.

When making an award for permanent spousal support, the trial court is required to consider and weigh the factors listed in section 4320 of the Family Code to the extent that they are related to the case. Temporary spousal support on the other hand is subject to the trial court’s broad discretion and the trial court may order any amount based on the party’s need and the other party’s ability to pay. Section 4320 directs the trial court to consider a history of domestic violence between the parties, including consideration of emotional distress resulting from domestic violence against the supported party by the supporting party where there is documented evidence of a history of domestic violence. This section also creates a rebuttable presumption against awarding support to an abusive spouse. The code further states that the criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award.

Here, the ex-spouse was incarcerated for domestic violence. After his release, the court sought to divide a trust account balance between the parties. $20,000 of the account had been set aside and distributed as child support. The court then reallocated the $20,000 amount to past spousal support. The appellate court found that the trial court properly considered the history of domestic violence as it resulted in the wife’s need and ex-spouse’s ability to pay. As a result, the wife was awarded the $20,000 as spousal support, therefore making ex-spouse responsible for monthly child support, in addition to the $20,000 for spousal support.

There are many factors that the court considers when awarding spousal supporting including any domestic violence. Therefore, it is important to retain the services of a knowledgeable Los Angeles spousal support family law attorney to advise you of the law and protect your interests. Wallin & Klarich has more than 30 years of experience in family law. If you are thinking of hiring an attorney for a mediated divorce, call us today at 1-888-749-7428 for a consultation or visit us on our website at www.wkfamily.com. We will be there when you call.

Dennis Hopper recently filed for divorce in Los Angeles from his wife, Victoria Duffy, as reported by KTLA. Hopper and Duffy have been married for 14 years and have a 6 year old daughter together. Hopper stated irreconcilable differences as the reason for the divorce. He said he plans to file for joint custody of his daughter and plans to pay spousal support.

Hopper is also currently fighting prostate cancer. KTLA published this quote from Hopper in the story, “I wish Victoria the best but only want to spend these difficult days surrounded by my children and close friends.”

If you or a loved one is planning to file for divorce, it is important you talk to an experienced family law attorney. At Wallin & Klarich, our attorneys have the knowledge and experience in dealing with divorce matters and will fight to get you the best possible result in your case. Our Los Angeles divorce attorneys can assist you in all aspects of your divorce including child custody, child support, spousal support, etc. Our attorneys will provide you with their expertise on family law and explain your legal rights so you can make informed decisions at this critical time. Our attorneys want to help make the process go as smoothly as possible. Call us today at (888) 749-7428 or visit us on our website at www.wkfamilylaw.com. We will be there when you call.

The court in In Re Marriage of Blazer, (2009) 176 Cal. App. 4th 1438, held that under Family Code Section 4320 it was within the trial court’s discretion to calculate a husband’s income without regard to all income received from the business where there existed a valid reason for the funds to be reinvested in the business.

In this case, the husband was awarded the business in the divorce. At trial, the parties disagreed on whether all of the husband’s business earnings should be considered in determining spousal support. In order to expand the company, the husband reinvested his income into the business. The husband owned and operated a company that sold fruit and produce. In order to cut out the middleman and lower costs, the husband expanded the company to include growing and distribution. When calculating the spousal support amount, the trial court excluded the money from the husband’s income that he used to reinvest in the company. The court heard testimony from an expert and decided that the business expenditures were reasonable expenses and that the husband should not be charged with these expenditures as his income.

The court further held that there are different standards for calculating income for employed and self-employed parties. When a party is an employee, any income earned as salary, bonus income, stock, options, fringe benefits, etc. is calculated as income. However, when the party is self-employed it is left to the discretion of the courts as to what counts as income for spousal support purposes.

As demonstrated in this case, the laws on income and calculating spousal support can be complicated and require the assistance of an experienced family law attorney.

Wallin & Klarich has over 30 years of experience in family law. Our Southern California spousal support attorneys know what works in a divorce case, and we are prepared to fight to get you the best possible outcome. With local offices to serve you throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for a mediated divorce, call us today at 1-888-749-7428 or visit us on our website at www.wklaw.com. We will be there when you call.

Spousal support is support paid to the non-working or disadvantaged spouse seeking marketable or renewed job skills to become self sufficient and self-supporting. Many times the former spouse being supported was previously the homemaker or main care-taker of the children.

Other instances provide that the supported party was out of the work force for so long that their job skills would have to be renewed to the point that re-training is required to enter to current job market. There also may be medical issues or medical limitations that restrict or limit the supported spouse from obtaining gainful employment in today’s job market. Also, age may be another significant factor courts take into consideration when awarding spousal support.

In California, a marriage of ten years or longer is considered a long term marriage, and the courts may have continuing jurisdiction on the issue of spousal support in these instances. This would allow the court to modify the amount of support and the duration of spousal support in the future, even after dissolution.

Call the Law Firm of Wallin & Klarich at 1-888-749-7428 to review your current marital situation and get the competent representation you deserve and visit our website at www.wkfamilylaw.com.

James Van Der Beek who is known for his role in Dawson’s Creek, filed for divorce from his wife Heather citing irreconcilable differences. They have been married for six years. The couple does not have children which will make the divorce process a little less complicated.

Even when a party does not have children, it is still important to seek legal counsel. Parties will have to divide all assets and debts so it is important to know what your legal rights are and what you are entitled to. In addition, Heather will likely seek spousal support for half the length of the marriage, which could be a lot of money each month, depending on James’ current income. In California, for short term marriages, marriages less than 10 years, the court can order that one party pay the other party spousal support for half the length of the marriage. This spousal support is to assist the other party in getting back on their feet and becoming self sufficient.

It is important, with or without children, and no matter how large or small the property assets are, to consult with an attorney to know what your rights are and assist you in the divorce process.

Wallin & Klarich has more than 30 years of experience in family law. Our Orange County divorce attorneys know from long experience what works in a divorce case, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for a mediated divorce, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.