Articles Posted in Spousal Support

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.

Debra Messing has finally filed the divorce papers to end her marriage to Daniel Zelman. The former couple announced their separation 6 months ago. People Magazine is stating that the couple separated back in February of 2010.

According to court documents filed Tuesday, Messing is requesting joint custody of their son, 8. When the parties request joint legal custody, it means both parents will have the joint decision making duties regarding the health, safety and welfare of the children. Additionally, joint physical custody means both parents will each have 50% timeshare of the kids. An experienced Orange County divorce attorney will be able to assist you in any child custody or visitation matter.

Messing is also requesting spousal spousal and child support. From a spousal support standpoint, since the couple separated back in February of 2010 and married in September of 2000, this would put their marriage just under 10 years. For short term marriages, the recipient of spousal support would only be entitled to same for 1/2 of the length of the marriage. For long term marriages of 10 years or more, the court would retain jurisdiction over spousal support pursuant to Family Code section 4336.

Wonder Years star, Danica McKellar has filed for divorce, according to Danica and her husband, music composer, Mike Verta, were married on March 22, 2009 in San Diego. The date of separation was not revealed on TMZ. The couple have a one-year old son.

From an Orange County divorce lawyer’s perspective, because this marriage is a short term marriage of less than 10 years, the recipient of spousal support will only be entitled to receive same for 1/2 of the length of the marriage unless there is a prenuptial agreement in place. TMZ reports that there is a prenuptual agreement in place. Having a prenuptial agreement in place when you have substantial separate property assets is definitely a smart move.

Additionally, since the couple has a one year old son, they will have to come up with a reasonable parenting plan in their son’s best interest. This is why hiring a Santa Ana divorce lawyer skilled in child custody and visitation issues is imperative. Once child custody and visitation is finalized, the couple will need to work out a child support amount.