Generally the court will look at past tax returns, however, each judge will have his own way and even though they have "guidelines" to follow, it is ultimately up to them. The following information may help better explain the process and better prepare you for what to expect. The following site is a wonderful Self-help site that will give you more answers.....you still need to contact a local attorney in this matter for representation before the court:
How are spousal and partner support (alimony) calculated?
You can ask for spousal or partner support to be paid while your case is going on. This is called a "temporary spousal support order" or a "temporary partner support order." Many counties have formulas for calculating the amount of a temporary spousal or partner support order. Check your court's local rules for the temporary support guideline.
The judge will not use a formula to figure out how much spousal or partner support to order at the end of your case (called the "final judgment").
When the judge makes his or her final order, the judge must consider the factors in California Family Code section 4320. These factors are:
- The length of the marriage or domestic partnership,
- What each person needs,
- What each person pays or can pay (including earnings and earning capacity),
- Whether having a job would make it too hard to take care of the child(ren),
- The age and health of both people,
- Debts and property,
- Whether 1 spouse or domestic partner helped the other get an education, training, career, or professional license,
- Whether there was domestic violence in the marriage or domestic partnership,
- Whether 1 spouse's, or domestic partner's, career was affected by unemployment, or by taking care of the children or home, and
- The tax impact of spousal support (note: federal and state tax laws were not changed to recognize domestic partnerships.)
Click here for more information.
|Alert! Spousal and partner support are difficult legal issues. See a lawyer or a family law facilitator in your county. They can tell you about how much spousal or partner support may be ordered, how long it may last, and how it might affect your taxes. Click here for help finding a lawyer.|
How are spousal and partner support taxed?
Usually, spousal support is tax deductible for the paying spouse and taxable income for the supported spouse.
Federal and state tax laws were not changed to recognize domestic partners. These laws can be very complicated, and it is important to talk with an attorney or accountant who is knowledgeable in this area, and about income, property, and other taxes.
When do spousal and partner support end?
Spousal and domestic partner support usually end when:
- A court order or judgment says it ends,
- 1 of the spouses or domestic partners dies, or
- The person getting the support remarries or registers a new domestic partnership.
Here is a great explanation of the law and what the law states, pay particular close attention to 4320c, 4320e, and 4320j:
If you need further help, please contact me. Good luck and God bless!