Capital Gains and Losses

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In state California, My husband salary is $164k Yearly cash…

In state California, My husband salary...
In state California,
My husband salary is $164k
Yearly cash bonus $36k
100k stock bonus.What is approximate $$ amount fair for him to pay spousal support monthly ? I am requesting from him and will be on our affair with our court.
We have no debts.Our totally monthly living expense is 4,000.00 a month living as husband and wife.
Including enjoyment i.e entertainment, dining and movies .. etc.We take 2 times a year vacation- which about 5,000.00 limit expense.Now we are living separate my apmt is 2,475 a month. Utilities 150.00 I’ barely make enough to pay my cell phone bill now.
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Answered in 17 minutes by:
3/13/2018
socrateaser
socrateaser, Tax Attorney
Category: Capital Gains and Losses
Satisfied Customers: 40,074
Experience: Retired
Verified

Hello,

From your spouse's most recent IRS Form 1040, Line 22, subtract all of the bona fide expenses beginning with Line 23, that cannot be avoided (e.g. Alimony Paid; Tuition and Fees, Student Loan Interest, etc.). Then do the same with your tax return.

If you have always filed married-joint, then you would have to create two pro forma tax returns as if you were filing married-separate or single.

Then, subtract the amount you determined for yourself above, from the amount you determined for your spouse. That is the net difference between your respective income from all sources. Divide that amount by two (2). That's a fair amount of spousal support, because it measures the amount of your spouse's disposable income and pays you one half.

Note: As of 2018, the new tax law makes spousal support not tax deductible to the supporting spouse, and not taxable to the supported spouse. Consequently, the calculation is more complicated, because in order to make the support amount fair to both parties, the amount of tax that is owed on the support payment must be determined. I don't have a good means of making this calculation, yet, due to the recent change in law. However, if you were to assume that the amount of your spouse's payment to you were his adjusted gross income, and then calculate the tax liability, then after subtracting that amount from the payment, that would provide the amount of the payment after correcting for taxes.

That said, if you're not a CPA, then you may want to hire one to run the numbers for you. Because, you may need an expert witness to testify in court to how you determined the amount of support you're requesting.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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socrateaser
socrateaser, Tax Attorney
Category: Capital Gains and Losses
Satisfied Customers: 40,074
Experience: Retired
Verified
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Customer reply replied 4 months ago
Thank you ! That’s really helpful.
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Satisfied Customers: 40,074
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