What is Considered Income for Spousal Support?

December 7, 2019August 12, 2020
by Angie

If you’re like many people going through a divorce in California, you need to know what is considered income for spousal support. That’s true whether you’re likely to have to pay spousal support (commonly called alimony) or whether you’re likely to receive it.

Usually, the court awards alimony to the lower-earning spouse. It’s a way to level the playing field so that the lower earner has time to get on his or her feet and become completely self-sufficient.

When a judge awards spousal support, he or she must consider the paying spouse’s income.

But what is considered income for spousal support? Here’s what you need to know.

What is Considered Income for Spousal Support?

Judges will only award spousal support when one spouse makes a significant amount more than the other does. The alimony must be fair and reasonable to the lower-earning spouse, but it has to be something that the higher-earning spouse can actually afford. That’s why the courts consider income as a major factor.

Income for spousal support includes all sources of money that a person receives, whether it’s through a paycheck, through stock dividends or through another source. Generally, everything that you’d pay income tax on when it’s time to make a payment to the IRS counts as your income.

What About Imputed Income?

If the person who is supposed to pay spousal support is working a job that pays less than what he or she could earn – especially if the person is doing it purposefully to avoid paying spousal support or child support – the courts can figure out an amount based on a higher figure. That’s known as imputing income for support, and it means that the court will attribute income to a person who hasn’t actually earned it.

Here’s an example: Your ex takes a $20 per hour job as a mall security guard, even though he or she is an established draftsman or engineer who was previously employed in a large firm (and made more than $20 per hour). The court may use the salary from your ex’s previous job to determine how much support he or she should pay. That’s imputed income that your ex could reasonably earn, as shown by his or her prior employment history.

Here’s another example: Your ex has been earning $90,000 per year in a long-term job. However, that job requires a lot of travel. Your ex quits and takes another job making just half of his or her previous salary – and then says that spousal support is unaffordable. The judge in your case will want to know why your ex quit the stable, long-term job, and you’ll have a chance to explain that it was completely voluntary. In a case like that, the judge could impute income, resulting in a spousal support payment comparable to what you’d receive if your ex still had the $900-per-year job.

A Word on Spousal Support AS Income

When someone receives spousal support, he or she must count it as income when filing federal and state tax returns. According to the IRS, alimony needs to be included in a person’s income if the two parties involved meet the following conditions:

The spouses don’t file a joint return with each other
The payment is in cash (including checks or money orders)
The payment is to or for a spouse or a former spouse made under a divorce or separation instrument
The divorce or separation instrument doesn’t designate the payment as not alimony
The spouses aren’t members of the same household when the payment is made (this requirement applies only if the spouses are legally separated under a decree of divorce or of separate maintenance)
There’s no liability to make the payment (in cash or property) after the death of the recipient spouse
The payment isn’t treated as child support or a property settlement

As a side note, if you pay spousal support, the IRS says “Alimony is deductible by the payer spouse.”

Do You Need Legal Advice on What is Considered Income for Spousal Support?

If you need legal advice, such as what is considered income for spousal support, or if you want to find out whether you’ll have to pay – or be entitled to – spousal support, we can help. Call us at (209) 989-4425 or get in touch with us online to schedule your consultation. We’ll help you with every aspect of your divorce, from child custody and child support to property division.

Divorce

5 High-Asset Divorce Mistakes You Can’t Afford to Make

May 12, 2019May 10, 2019
by Angie

High-asset divorces can be incredibly contentious – and unfortunately, when there’s a lot of back-and-forth, people make mistakes. But making a mistake in a high-asset divorce can cost you for the rest of your life, so it’s important that you’re aware of the potential pitfalls and that you know how to steer clear to protect your assets.

Check out these five high-asset divorce mistakes so you know how to protect yourself – and your future.

5 High-Asset Divorce Mistakes: What NOT to Do

The most common high-asset divorce mistakes we see in our offices include things like:

Letting emotions rule over logic
Making rush decisions just to get the divorce over with
Hiding assets from one spouse
Failing to consider tax consequences
Going straight to litigation rather than negotiation

Here’s what you need to know about each of these high-asset divorce mistakes.

High-Asset Divorce Mistake #1: Letting Emotions Rule Over Logic

Divorce is an emotional process, whether it’s due to infidelity or anything else – and that can make it tough to make logical decisions. However, now is the most important time to focus on what’s most important: your future.

It’s not uncommon for one party in a divorce to feel guilty about what’s happening, but it’s a big mistake to let that guilt guide the decision-making process. For example, if you feel bad and agree to give your spouse double the spousal support he or she would ordinarily receive, or you decide to hand over more than half your marital assets, you’re cutting into your own future.

On the other side of the coin, you can’t use the court system to exact revenge on your spouse. Divorce is a legal process, and if you try to use the legal system to get back at your ex for what he or she has done, it’s more than likely going to backfire on you.

High-Asset Divorce Mistake #2: Making Rush Decisions

In many cases, both parties just want the divorce to end – and they’re willing to make less-than-informed decisions in an effort to wrap things up quickly. There are several reasons people want to rush through divorce, such as hoping the divorce will attract less media attention or simply wanting to be done with a spouse they can’t stand any longer.

Unfortunately, though, you can’t rush through a divorce and cover all your bases. You need to take the time to avoid making serious mistakes that will cost you long after your divorce is final.

High-Asset Divorce Mistake #3: Hiding Assets

In some cases, one spouse hides assets from the court so he or she doesn’t have to split them. California is a community property state, which means the assets you accumulate during your marriage – in most cases, anyway – belong to both spouses.

Hiding assets can get you into serious hot water with the courts – and in addition to the court finding out about those assets and dividing them anyway, you’ll lose your credibility. The majority of hidden assets are eventually discovered during the divorce process.

High-Asset Divorce Mistake #4: Failing to Consider Tax Consequences

Divorce changes your financial situation – sometimes drastically. Most of the financial transactions that take place during divorce have tax consequences, including the division of retirement accounts and the sale of homes, vehicles and other property.

Your attorney may suggest that you hire a tax professional or another financial expert to help you understand the tax consequences of the financial decisions you make now.

High-Asset Divorce Mistake #5: Going Straight to Litigation

For most people – even in high-asset divorces – negotiation is the way to go. You may not mind spending money on attorney’s fees through litigation, particularly if it means you’re going to “win,” but the vast majority of people who negotiate their own settlements end up being far more satisfied with the outcome than those who litigated in court.

When you and your spouse reach agreements on the major issues surrounding your divorce, including child custody and property division, your divorce will go faster and be less stressful for everyone involved. If you and your spouse can’t reach agreements on your own, your attorney might suggest that you work with a mediator who can help.

Related: What is divorce mediation?

Need to Avoid These Costly High-Asset Divorce Mistakes?

We welcome the opportunity to answer your questions about mediation and divorce-related issues such as custody, child support, spousal support, and the divorce process.

Call us at 209-546-6870 for a divorce case evaluation. You’ll talk to an experienced Stockton divorce lawyer who can give you the advice you need to begin moving forward.

Divorce

California Child Support Laws: What You Need to Know

December 1, 2018August 4, 2020
by Angie

California child support laws are pretty straightforward – they require both parents to contribute financially to their children’s upbringing.

But what is child support for, and how does it work under the law? Will you be required to pay it, or will you receive it? Your Stockton divorce lawyer can explain all of this in more detail, but in the meantime, this guide walks you through what you need to know about California child support laws.

California Child Support Laws: What You Need to Know

California child support laws say that each parent is equally responsible for providing for his or her child’s financial needs. That means each parent contributes in some way – and when parents separate, they must ask the court to create an order for child support. When a child was born to a couple during the couple’s marriage, parentage isn’t usually an issue – the courts assume that each is the parent of the child. However, in some cases, the court must also open a parentage case to determine who the child’s legal parent is.

A Word on Parentage

When a child is born to an unmarried couple, the court issues an order determining the child’s legal parents. The court has to do this before making any child support determinations – it’s required under California child support laws.

How California Child Support Laws Require Courts to Calculate Dollar Amounts

California has a child support guideline that determines how much money should change hands between parents. That doesn’t mean that parents can’t agree on a different amount – if you and your soon-to-be ex-spouse want to, you can figure out how much money is necessary to take care of the kids and agree on a dollar figure. (Sometimes parties in a divorce agree on a higher child support figure as part of divorce negotiations.) As long as it’s fair to your children and the paying parent can afford it, the judge will most likely sign off on it.

If you and your ex cannot agree, California child support laws tell the court look at:

Childcare expenses
Health insurance costs
How many kids the parents share
How much money each parent earns (or can earn)
How much other income each parent gets
How much time each parent spends with the kids
Mandatory union dues or retirement contributions one or both parents make
The tax implication for each parent
Uninsured healthcare costs
Whether the parents are each supporting kids from other relationships
Other factors that the courts deem necessary

Once the court has figured out a dollar amount for child support, the judge makes adjustments based on time-share. Time-share is how much time each parent spends with the kids. In most cases, child support payments decrease as time-share increases – which means if you have your children most of the time, you’re responsible for making less of the payment and the other parent is responsible for making more.

If you are the primary custodian (the kids are with you more time than they’re with their other parent), you’re not likely to have to cut a check. The way it works is that only one parent actually pays; the other’s contribution is assumed. If you have the kids the majority of the time, it only makes sense that money is coming out of your pocket to pay for their needs.

Do You Need to Talk to an Attorney About California Child Support Laws?

If you need to talk to a lawyer about California child support laws and how they’ll affect your case, please call us at (209) 989-4425 or get in touch with us online to talk to a lawyer right now. We’ll help you with every aspect of your divorce, from child custody and child support to alimony and property division.

Divorce

Protecting Assets From Divorce: 7 Tips to Safeguard Your…

November 21, 2017January 17, 2019
by Angie

In many divorces, the primary focus isn’t who did what or which party sacrificed the most. Instead, it boils down to one thing: Assets.

Even if your divorce is about more than assets, you need to know how to protect what you have – and avoid losing things to your spouse when you don’t have to. That’s not to say that you shouldn’t collaborate or work with your ex to have a successful divorce. You absolutely should… but you should also protect your assets from divorce.

7 Tips for Protecting Assets From Divorce

Protecting your assets from divorce can help you set yourself up for a successful future – a post-divorce life that isn’t unnecessarily difficult.

These seven tips can help protect your assets from divorce:

Stop fighting and negotiate
Put money aside
Keep track of money you brought into the marriage
Don’t give up pension and retirement accounts
Don’t rely on permanent spousal maintenance (alimony)
Ask for health benefits
Work with a tax professional immediately

1. Stop Fighting and Negotiate

Fighting with your spouse isn’t likely to get you a successful outcome. Instead, it leads to a more time-consuming divorce. The more you fight, the angrier you’ll both become – and nobody is going to budge. You’ll have to go to court to duke it out, and you’ll force the judge to make important decisions for you.

All of this costs money – and in the vast majority of cases, it’s money you don’t have to spend.

2. Put Money Aside

If your spouse blindsided you with news of the divorce, he or she has probably already stashed away enough cash to last a while. You haven’t had the same luxury, but it’s not too late. It’s always smart to tuck away a little separate cash during a marriage; however, if you didn’t, see if you have room in your budget to set aside 10 percent of what you bring in as an emergency stockpile. (Even 5 percent makes a difference over time, so do what you can!)

3. Keep Track of Money You Brought Into the Marriage

If you didn’t sign a prenuptial agreement, that’s okay. Focus on what you brought into the marriage or what you received during the marriage that’s only yours. That can include inheritances, property you owned, and personal savings you had before you married. Did your money finance a family business or your ex-spouse’s education? Let your lawyer know what happened to the cash and other assets you contributed while you were married so she can help divide it accurately.

4. Don’t Give Up Pension and Retirement Accounts

During most divorces, individual retirement accounts (IRAs) and pensions are on the chopping block for division. However, they don’t always have to be divided in half. Your Stockton divorce attorney will give you case-specific advice on IRAs and pensions.

5. Don’t Rely on Permanent Spousal Maintenance

In some cases, you can expect to receive spousal maintenance from your ex. What you can’t expect is that it will be a certain amount or last for a certain period of time – at least until the judge has ruled. You can’t count on permanent spousal maintenance as part of your future budgeting. In fact, you may not want to count on it at all; in many cases, alimony isn’t enough to support your current standard of living.

Typically, judges expect people who can go out and earn a living to do exactly that. That means your spousal maintenance isn’t likely to last as long as you want it to – and the judge might award you less than you want, too.

6. Ask for Health Benefits

Health insurance can get very expensive, very quickly. If your spouse carried you on his or her insurance during your marriage, ask if you can stay on the plan (even if you have to pay for it). Sometimes, ex-spouses can stay on a plan for up to 3 years. The catch is that you have to apply within 60 days of your divorce to get these benefits.

7. Work With a Tax Professional and a Financial Planner Immediately

While it’s one thing to create your own budget and try to figure out how much money you’ll need to live on as a newly single person, it’s another to have an accurate picture of what your financial future holds. For most people, it makes sense to work with a financial planner who can give you that picture. The same is true with taxes; a tax professional can tell you how much a proposed settlement will be worth after taxes – and how you can deduct alimony payments or take advantage of childcare tax credits to save money in the future.

Do You Need to Talk to a Divorce Lawyer About Protecting Your Assets From Divorce?

If you’re divorcing, we can help. Call us right away at 209-910-9865 or get in touch with a Stockton divorce attorney online to schedule a consultation today.

Tag: <span>Taxes</span>

What is Considered Income for Spousal Support?

What is Considered Income for Spousal Support?

What About Imputed Income?

A Word on Spousal Support AS Income

Do You Need Legal Advice on What is Considered Income for Spousal Support?

5 High-Asset Divorce Mistakes You Can’t Afford to Make

5 High-Asset Divorce Mistakes: What NOT to Do

High-Asset Divorce Mistake #1: Letting Emotions Rule Over Logic

High-Asset Divorce Mistake #2: Making Rush Decisions

High-Asset Divorce Mistake #3: Hiding Assets

High-Asset Divorce Mistake #4: Failing to Consider Tax Consequences

High-Asset Divorce Mistake #5: Going Straight to Litigation

Need to Avoid These Costly High-Asset Divorce Mistakes?

California Child Support Laws: What You Need to Know

California Child Support Laws: What You Need to Know

How California Child Support Laws Require Courts to Calculate Dollar Amounts

Do You Need to Talk to an Attorney About California Child Support Laws?

Protecting Assets From Divorce: 7 Tips to Safeguard Your…

7 Tips for Protecting Assets From Divorce

1. Stop Fighting and Negotiate

2. Put Money Aside

3. Keep Track of Money You Brought Into the Marriage

4. Don’t Give Up Pension and Retirement Accounts

5. Don’t Rely on Permanent Spousal Maintenance

6. Ask for Health Benefits

7. Work With a Tax Professional and a Financial Planner Immediately

Do You Need to Talk to a Divorce Lawyer About Protecting Your Assets From Divorce?

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