Spousal Support and Justification

#21

Hi, my California divorce after 23 years of marriage was final a little over 10 years ago. My wife got the business, and due to a one time quirk with that business she was able to claim zero income for the year prior to our divorce. I’ve been paying a large amount of spousal support ever since. She closed the business we had together and started another one, which she’s now had for some time. She’s bought a house and a new car during these years, so she’s obviously had some income over the years. I want to attempt to modify the support amount, and I have some questions…

  1. Is this something I can do myself, with the help of a document preparation service? It seems pretty cut and dried–have the court look at her tax forms, and adjust support according to her new level of income. Am I missing something?

  2. I’m pretty sure that during my divorce the amount of my spousal support was decided only by the previous year’s incomes, which was vastly advantageous to my ex-wife. Both of us have always worked, so it didn’t seem fair. Is it normal to base years of payments on just one year of income? Can I have the court look at an average over the last several years? Should I do that?

Thanks

MB

#22

My spouse make a gross of 600k. He has several he has a job and also has his own consulting firm, which is a tax write off for him.

We net 400k a year, and the mediator said I’d get 120k a year and he’d get 280k. He also benefit from a third position at a non profit we opened and is now public where he is a board member and gets deferred income. I don’t know how much is deferred, but as a board member he has hos rent for his home paid. I would have to pay it myself from the spousal support

Although I am working, and make 4k a month, he makes much more

Because of those write offs he is netting about 67k more a year than if he had no write offs.

Shouldn’t I get paid more for my spousal support if I have to pay it out of my pocket while hos business, pays his rent? It seems so unfair because, if I did not work, I’d be in the red every year, and he’d be at 250k after the same expense I have

#23

Hi Cristin,

Here is my one question:

  1. What happens to property in a request to enter default divorce?

My husband and I have been married for 15 years- however, we separated after only 5 months. We have no kids together. We have zero community property. I (plaintiff) have separate property and he does not have any separate property (he is incarcerated).

my divorce is entering into default - he never filed any response.

Will I still owe him spousal support/alimony considering we were only together for a few months? Also will my separate property be divided since he had nothing? I’m worried that the judge will see has has nothing and hold me liable because I do make a decent amount of money etc. I’m located in California.

Thanks so much!!!