Articles Posted in Spousal Support

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Royalties, tips, and gratuities represent income available to pay support.  This type of income may present some difficulty in terms of guideline support calculations.  If the income is regular and predictable it should be included in gross annual income for purposes of calculating support.  See Family Code Section 4058(a)(1).

If this form of income is sporadic, there are two potential methods of inclusions.  First, it may be deemed income when received and the payer would pay a percentage of the amount received under the statewide guideline provisions that address periodic payments such as bonus payments.  That schedule provides for a specified percentage of any bonus or overtime to be paid “as and for” child support.  The actual percentage will vary depending on the amount of the bonus or overtime.  (i.e. Smith/Ostler).   Alternatively, as with income from stock options, the court could adjust the child support award under Family Code Section 4060 or 4064.

Contact a Costa Mesa Divorce Attorney today for help.

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In ordering spousal support, a court must consider “documented evidence” of any history of domestic violence between the parties, including emotional distressed suffered by the supported party resulting from the violence. Fam C Section 4320(i).  Forms of documented evidence may potentially include items such as photographs, police reports, medical records, emails, and diary entries.  See Marriage of Cauley (2006) 138 CA4th 1100.

Criminal Convictions:  the criminal conviction of a abusive spouse must be considered in making a reduction or elimination of spousal support award in accordance with Family Code section 4325.  Under Section 4325, there is a rebuttable presumption against the award of spousal support to a spouse who has been convicted of a criminal act of domestic violence against the other spouse within 5 years before, or any time after, filing of the dissolution proceeding.  To rebut the presumption, a court may consider, among other things, documented evidence of a convicted spouse’s history as a domestic violence victim.  Rebuttal requires proof by a preponderance of evidence.

Contact an Orange County Divorce Lawyer today for help.

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When going through a divorce or financial matter, you will almost certainly have to fill out an Income and Expense Declaration (FL-150 form).  This form is required if financials are at issue. Let me explain further.  If you want to modify or implement a child support, spousal support or attorneys fees and costs order, an Income and Expense Declaration is required.

The form also requires the party to attach the last 2 months of paycheck stubs (or a Profit and Loss Schedule C statement) and the preceding two years of tax returns.

When completing the Income and Expense Declaration, it is best to have an attorney check it to ensure the figures are accurate. Further, on page 3 of the form, you will have to itemize your monthly expenses so you will also want an attorney to check that the numbers coincide with the gross monthly income coming in.

Clint Eastwood’s wife, DIna Eastwood, has filed for divorce.

Dina Eastwood, a 48-year-old former TV news anchor, cited “irreconcilable differences” with Eastwood, 83, in a divorce petition filed in a Monterey County, California, court Tuesday.

She filed separation papers last month but withdrew them days later.

After being separated for over a year, Ashton Kutcher is finally pulling the plug on his marriage to actress, Demi Moore. The couple were married for 7 years and do not have any children together.

Kutcher’s filing does not indicate that the couple has a prenuptial agreement. If that is the case, from an Irvine family lawyer’s perspective and according to California community property law, all property acquired by the parties during the marriage will be split equally.

Additionally, since the couple was married for 7 years, the higher wage earner will have to pay the other spouse spousal support for one-half of the length of the marriage.

It’s been nearly a year since Ashton Kutcher and Demi Moore announced their split and yet neither spouse has officially filed a divorce petition, leaving many people wondering what’s taking so long.

According to the New York Post, disagreements regarding the financial terms of the divorce settlement may be to blame for the hold-up.

“Two And A Half Men” star Kutcher was the highest-paid actor on TV last year, raking in some $24 million — considerably more than Moore. However, he reportedly does not want to give his estranged wife a big pay-out in the divorce settlement. Sources told the New York Post that the couple’s lawyers are trying to negotiate the settlement privately to avoid going before a judge in what would no doubt be a very public court dispute.

Another celebrity divorce in Hollywood. This time it involves actors Danny DeVito and Rhea Perlman. Rumors are swirling that they couple are divorcing because Perlman could no longer stand DeVito’s womanizing. Reports state that the couple have not been happy in “over ten years.”

The couple have been married for over thirty years, which is a long-term marriage in California, and they have three children together.

From an Orange County divorce lawyer’s perspective, DeVito will likely be paying a hefty amount of spousal support or alimony to his soon to be ex-wife. In California, the courts will retain jurisdiction over spousal support.

Former “General Hospital” star, Vanessa Marcil, has filed for divorce from her husband, Carmine Giovinazzo. The couple married in 2010 and have no minor children together. Wow, that was fast! Marcil is requesting that she be awarded spousal support and that Giovinazzo pay her attorney fees.

From an Orange County divorce lawyer’s perspective, since the parties were only married for a short time, maybe 2 years or less, Marcil will only be entitled to receive spousal support for one-half of the length of the marriage.

Additionally, since there are no minor children of the marriage, there is no need to deal with child custody and visitation issues. Marcil herself has one minor child, Kassius, with her ex-boyfriend, Brian Austin Green.

Another celebrity divorce hit headlines last week when it was reported that Stevie Wonder had filed for divorce from his wife, Kai Millard Morris. The couple married in 2001 and separated in 2009. The couple also have 2 minor children.

In his Los Angeles County divorce petition, Wonder requested joint legal and joint physical custody of the two kids. He also agreed to pay child support and spousal support to Morris. Property rights will also have to be determined.

From an Orange County divorce lawyer’s perspective, because this divorce is filed herein California, community property laws will dictate the division of assets and debts incurred during the marriage.

Another Hollywood couple is calling it quits in the marriage department. Ethan Embry, most famous for his roles in the teen comedy Can’t Hardly Wait and Showtime’s Brotherhood and his wife, actress, Sunny Mabrey, are divorcing.

Mabrey filed for divorce in Los Angeles Superior Court, E! News confirms. The couple were married for about 7 years. They married on July 17, 2005. They do not have any children together.

This is Embry’s second marriage. He has one child, Cogeian Sky Embry, with his first wife Amelinda Smith.