CALIFORNIA FAMILY LAW
...Spousal Support
......Amount
.........Factors Considered
............Income/Paying Spse
16 Cards On This Topic:

When making spousal support award, court must consider income of paying spouse from all sources.

Where payor’s income is volatile and varies significantly from year to year, trial ct. cannot base spousal support order on two-year-old numbers.

H entitled to testify as to own income; not required to hire an expert.

If paying spouse loses job, court should reduce support during period of unemployment with condition that it automatically reinstate upon reemployment.

When corporation is paying spouse's alter ego, in determining ability to pay spousal support, court will look to corporation's ability to pay.

Court may look to financial condition of H's business in determining his ability to pay support.

Ability of each spouse to earn, as well as actual income, relevant to award of spousal support.

Court should consider all factors, including ability to earn and actual earnings.

Income from pension which paying spouse received in exchange for other assets is available for spousal support.

Lottery winnings are income for support purposes, rather than property.

Court properly refused to consider H's gambling winnings in determining ability to pay support.

Spousal support order based on sliding scale of paying spouse's earnings held abuse of discretion.

H's denial of W's allegations of his net worth and income, without stating affirmatively what they were, held equivalent to admission.

Determining a party's true income.

Unexercised stock option appreciation, given by employer as part of executive compensation package, should be included in recipient's "gross income" for child support calculation. (Ohio.)

New mate-nonmarital partner income.