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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2510
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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This is a divorce lawyer, or actuarial account question?

Customer Question

This is a divorce lawyer, or actuarial account question? Need someone with many years experience?
1) I own seperately (purchased years before marriage) apartment buildings which generate about $15,000 in income per year. All income and expenses for these apartment alocated to a seperated checking account for each property.
2) Along with all $3,000 of my Social Security, each month $7,000 from my seperate property apartment is transfered to my personal checking. This pays all our expenses, Mrtg and property tax on my seprate property home where we live, utilities, food, gas, car pmt and insurance, etc.
3) In determining spousal support will the court use the $10,000 specified in item 3 above? Or will they they use my total income $3,000 plus $15,000, even though the community only uses $10,000.
4) We were married on 1/3/13, in CY 2014 I would say$14,000 per year was spent from Community Property account.
5) We probably wont divorce until 4/1/17 so I will have a 15 month track record spending $10,000 out of Community Property Checking Account. Any thoughts on time lines.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
We live in California. My net apartment is income is $15,000 per month or $180,000 and NOT $15K Per year as stated above.
Customer: replied 1 year ago.
Is someone going to respond?
Expert:  Phillips Esq. replied 1 year ago.

1) I own seperately (purchased years before marriage) apartment buildings which generate about $15,000 in income per year. All income and expenses for these apartment alocated to a seperated checking account for each property.

2) Along with all $3,000 of my Social Security, each month $7,000 from my seperate property apartment is transfered to my personal checking. This pays all our expenses, Mrtg and property tax on my seprate property home where we live, utilities, food, gas, car pmt and insurance, etc.

3) In determining spousal support will the court use the $10,000 specified in item 3 above? Or will they they use my total income $3,000 plus $15,000, even though the community only uses $10,000.

Response: The Court would use your "total income $3,000 plus $15,000."

The Court would review various factors to determine whether to grant alimony/spousal support and the amount of the spousal support/alimony. Some of the factors that the Court would review are (1) The ability of the supporting party to pay spousal support, taking into account the supporting party's earning capacity, earned and unearned income, assets, and standard of living, (2) The needs of each party based on the standard of living established during the marriage, (3) The obligations and assets, including the separate property, of each party, (4) The duration of the marriage, (5) The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party, (6) The age and health of the parties. See California Family Code Section 4320

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=04001-05000&file=4320-4326

Customer: replied 1 year ago.
This answer does not address the question. In California they use a computer program and plug in income numbers. This drives 90% of the derived amount. So pleas answer or find someone else to answer my question of how Seperate Property Income is handled.
Thanks
Customer: replied 1 year ago.
I want a new expert.
Expert:  S. Kincaid replied 1 year ago.

In determining spousal support, the court will include all your income, including separate property income.

In California, temporary spousal support is based on a formula in some counties. In the final judgment of divorce, however, the court is not permitted to use a formula and is required to evaluate only the factors that the above expert listed. What, precisely, do you want to know? The only question I see is regarding what portion of your income will be used to determine spousal support.

Also, spousal support is rarely awarded in such short marriages.

Customer: replied 1 year ago.
just to confirm, 100% of separate property income from apartments I purchased 10 years before marriage; money that is not touched by "the community" but rather segregated in its own living trust account, would be thrown into the California Spousal Support Computer Program, just as if I was receiving salary and all the salary was spent on community expenses?
Absolutely no distinctions? Thank You.
Expert:  S. Kincaid replied 1 year ago.

For purposes of spousal support, that's correct. It is only treated differently with respect to property division.

Customer: replied 1 year ago.
Thanks, ***** ***** up question. As 100% of rental income will be utilized for spousal support; My 30 year amortized, monthly mortgage payments on three apartments total $12,000 per month, 75% or $9,000 is mortgage interest and 25% or $3,000 is principal pay down. IS THIS PRINCIPAL PAY DOWN OF $3,000 A DEDUCTION OF INCOME FOR SPOUSAL SUPPORT CALCULATIONS? $ WHAT IS YOUR CHARGE TO RUN MY NUMBERS THOUGH YOUR SPOUSAL SUPPORT CALCULATION SOFTWARE? THANK U
Expert:  S. Kincaid replied 1 year ago.

It will be your adjusted gross income, so you can subtract the mortgage and rental expenses. What county are you in? The calculation is not the same in all counties.

Customer: replied 1 year ago.
Can I request another attorney as the last answer was either unclear or not accurate for several reason1) Adjusted Gross Income, equals rental receipts minus rental expenses, Mortgage expense, excluding principal), u mentioned "mortgage" above and not "interest".2) Adjusted Gross Income includes Depreciation, for spousal support they add back depreciation.
Expert:  S. Kincaid replied 1 year ago.

Why do you believe they add back depreciation for spousal support? I have never seen that occur. You are correct that I should have said, "mortgage interest," not simply "mortgage."

Customer: replied 1 year ago.
I heard the depreciationany times confirmed by another attorney. So bot***** *****ne pricipal payments are not deductible for spousal support calculations?
Expert:  S. Kincaid replied 1 year ago.

No. They should use your income as shown on your taxes.

Customer: replied 1 year ago.
depreciation is a deduction and principal payments are not? Please remember depreciation is a non cash cost?
Customer: replied 1 year ago.
Can I get another expert?