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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 2982
Experience:  associate attorney
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My ex-spouses income was calculated at CA minimum wage due

Customer Question

My ex-spouses income was calculated at CA minimum wage due to her not having a job. In the last nine months she has continuously received over 70k from her dad. Will a judge not count this as income? I feel like she is playing the poor single mom role with no job to get money from me, when in fact she has more money than me. What can I do?
Submitted: 1 year ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 1 year ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. By statute, income includes salaries and wages as well as commissions, bonuses, rents (which are typically from rental property), dividends, pensions, interest income, income from a trust or annuity (unless the annuity is connected to a non-income source such as personal injury proceeds), benefits paid as a result of a workers compensation case, unemployment insurance, disability insurance benefits (especially when it is designed to replace income), Social Security benefits and alimony that is received from an unrelated case to the parent that seeks child support. Courts also have the discretion to include as income those benefits (whether those are employment or self-employment) that reduce living expenses. This reduction of the expenses can include rent-free housing, meal allowances and just about anything that reduces the living expenses of an individual and for which individual would normally have to pay but receives as a benefit of employment.More recent case law (a case called In re Marriage of Alter) has also stated that recurring monetary gifts from a person’s parents can also be considered income regardless of whether or not the gifts are considered income for federal tax purposes. It is very difficult to get child support changed and you would have to bring a petition to the court that shows there is a "material change in circumstance". It would be possible (it is the court's discretion) to count these gifts as income. Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or number from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated by the site.
Expert:  Christopher B, Esq. replied 1 year ago.
Just checking back in, do you have any further questions?
Expert:  Christopher B, Esq. replied 1 year ago.
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