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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 42894
Experience:  30 years as a family law lawyer .
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Im in the middle of a divorce..I will get half of our properties.The

Customer Question

I'm in the middle of a divorce..I will get half of our properties.The half that I am getting are income producing..the ones that my husband is getting is not..Is it right that I have to use the income from the properties as my salary in the dissomaster evaluation. So that my child support and spousal support is based on that figure...Debra
Submitted: 8 years ago.
Category: Family Law
Expert:  RayAnswers replied 8 years ago.
Thanks for your question. If you are producing income from properties to be awarded you then likely they count it as income. this is the court's call herre though as this could vary. so ther may well be negotiation here between the parties and the court to determine what figure goes into the dissomaster here.

But income means anything from pretty much any source here so they will count at least a portion of it no doubt. however if the amount changes with time or the economy you can certainly motion for modification and the court will consider changing it here.

This is never supposed to be a forever thing. the court allows for change because people's lives and income change. In our economy right now change is everywhere because of layoffs, reductions, etc.

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RayAnswers and 3 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.

Thank you for that answer..I need to ask another... I I will get spousal support for the amount of income that he gets in this bad market .

What should I do..It is very low I really only want it until the kids are 19 but it's very small amount, and I have 2 kids to worry about.

Customer: replied 8 years ago.

Thank you for that answer..I need to ask another... I I will get spousal support for the amount of income that he gets in this bad market .He says that the income is because of this bad market but then wants to put in the contract that the spousal support is not modifiable what so ever never.

What should I do..It is very low I really only want it until the kids are 19 but it's very small amount, and I have 2 kids to worry about.

Debra

Expert:  RayAnswers replied 8 years ago.
To me that really might be a deal breaker. If you are getting a small amoutn I agree with you it is critical not to put in. The court would not put this in their order here in my mind becasue they realize that circumstances can change here. I wouldn't go for that here becasue it can prevent you from raising. You are waiving a right without getting anything..
Customer: replied 8 years ago.
What does child support cover for the children? In the state of California?
Debra
Expert:  RayAnswers replied 8 years ago.
It is supposed to cover the basics food. clothing, and shelter. Their actual living costs. It does not include insurance, co pays or non covered medical costs, day care, etc. These would be above and beyond here and would be split by both of the parties and his share would be tacked on here as well to support figure.