Experienced Divorce Lawyers Serving The South Bay Area, Including San Mateo, Santa Clara And Southern Alameda Counties
In California, alimony is known as spousal support. Today, women are often ordered to pay spousal support to their ex-husbands. The dominant issue is a comparison of incomes. The higher-earning spouse will usually be required to pay support to the lower-earning spouse. Typically, support is paid for half the length of the marriage.
In some cases, determining income can be a challenge. This is especially true when one party has business income. Not only can there be questions of unreported cash income or skimming, but creative bookkeeping practices can also hide a person's true income available for support.
On occasion, a party will intentionally depress income by taking a lower-paying job or reducing work hours to avoid family responsibilities. In these cases the court may "impute income." This means that the court will set support based on the party's earning capacity rather than on his or her actual income. Today, the court will impute income to a party whose income is less than their ability to earn whether it is intentional or not.
When a party has significant investment assets, it is important to investigate whether the investments are producing a reasonable rate of return. If you can show that the investments are not income-producing, you may ask the court to impute income from assets. See case law:
Dacumos, Destein and Pearlstein.
If you are seeking support from your spouse, understanding how this case law may apply to your situation should not be overlooked.
When making decisions regarding spousal support, California family law judges are required to follow California Family Code § 4320.
From offices in Redwood City, Quintero Family Law Services represents clients in divorce and family law matters in San Mateo County and Santa Clara County, California. The firm also represents military personnel and out-of-state clients with family law needs in other jurisdictions.
Para Nuestros Clientes En La Comunidad Hispana
Por eso hacemos todo lo posible para proteger los derechos de la familia y los intereses de sus hijos durante el transcurso de su divorcio. Siga la liga para aprender más sobre quienes somos en Español.
Call Quintero Family Law Services in Redwood City at 650-365-5145 or email to request a return phone call to arrange an initial consultation.