Why Should I Pay Spousal Support After a Divorce?
California Divorce, Spousal Support

Why Should I Pay Spousal Support After a Divorce?

Divorce is often a challenging and emotional process, bringing with it a range of financial considerations. One of the complex issues that can arise is the question of spousal support, also known as alimony. Many people may wonder, “Why should I pay spousal support after a divorce?” Understanding the purpose and implications of spousal support can help clarify why it may be necessary and beneficial for both parties involved.

California Certified Family Law Specialist Judy L. Burger shares more about spousal support and why it may be in your best interests to agree to it.

Understanding Spousal Support

Spousal support is a financial obligation that one spouse may be required to pay to the other following a divorce. This arrangement is intended to assist the lower-earning or non-working spouse in transitioning to financial independence after the marriage ends. The amount and duration of spousal support can vary widely based on several factors, including the length of the marriage, the financial circumstances of both parties, and the recipient’s ability to become self-supporting.

Reasons to Consider Paying Alimony

Why should you pay alimony after a divorce? There are many reasons that may influence an alimony agreement, some of them to your benefit. Here are just a few:

  1. Fairness and Responsibility: Marriage often involves sacrifices, and one partner may have foregone career opportunities to support the family or raise children. Providing spousal support acknowledges these contributions and helps level the financial playing field post-divorce.
  2. Supporting a Transition to Independence: Spousal support is meant to give the recipient time and resources to adjust to life after marriage. This may include pursuing education or job training to enhance their employability, thereby reducing their financial dependence on the paying spouse over time.
  3. Legal Obligations: Spousal support may be a legal requirement determined during divorce proceedings. Failing to adhere to a court-ordered support agreement can lead to legal consequences, including garnishment of wages or other penalties.
  4. Avoiding Conflict: By agreeing to pay spousal support, you can help minimize potential conflicts post-divorce. Establishing a fair support arrangement can foster goodwill and cooperation between you and your ex-spouse, especially if children are involved.
  5. Tax Benefits: Under current California state tax regulations, spousal support payments are tax-deductible for the paying spouse, and the recipient spouse must treat the payments as taxable income. Federal taxes have other rules. Consulting with a financial advisor or tax professional can help you understand the implications for both parties.
  6. Addressing Financial Imbalances: If one spouse earned significantly more than the other during the marriage, providing spousal support can help mitigate financial disparities that could affect the recipient spouse’s ability to maintain a reasonable standard of living.

Spousal support may be required in certain situations, such as a legal separation or domestic violence restraining order case.

Factors Influencing Spousal Support Decisions

CA Certified Family Law Specialist Judy L. Burger can help you determine whether spousal support should be provided and in what amount. California family courts consider various factors when debating court-ordered spousal support, including:

  • The length of the marriage
  • The financial status of both spouses
  • The recipient spouse’s needs and ability to earn a living
  • The paying spouse’s ability to support both themselves and the recipient spouse
  • Contributions made by either spouse to the education or career of the other

Spousal Support Attorney Judy Burger can also help you when negotiating temporary support arrangements and long-term support agreements during and after your divorce proceedings.

CA Spousal Support Assistance

If you find yourself questioning the necessity of paying spousal support after a divorce, consider the broader implications of financial support. Understanding the reasons behind spousal support can lead to a smoother transition for both parties and maintain respect and cooperation after the end of a marriage.

For personalized advice and assistance regarding spousal support and divorce-related issues, consult with experienced family law attorney Judy L. Burger. Her expertise can help you navigate these complex decisions and ensure that your interests and responsibilities are appropriately addressed.

 

Family Lawyer or Certified Family Law Specialist?
California Divorce, Child Custody, Child Support, Domestic Violence, Legal Separation, Property Division, Restraining Order, Spousal Support, Termination of Parental Rights, Termination of Parental Rights, Visitation

Family Lawyer or Certified Family Law Specialist?

When family law matters occur, you need a family lawyer, right? But what about complex situations? A Certified Family Law Specialist is just that – a certified specialist who handles complicated and difficult family law cases. When you have a heart problem, you don’t want a general practitioner; you want a heart specialist. Similarly, when your family has serious problems, turn to a CA Certified Family Law Specialist like Judy L. Burger.

What Is a Certified Family Law Specialist?

A Certified Family Law Specialist is an attorney who has been certified by the State Bar of California Board of Legal Specialization as having expertise in the area of family law. This certification is only awarded to attorneys who have demonstrated a high level of experience, proficiency, and commitment to family law through a rigorous process that includes examination and peer review. Certified Family Law Specialists are recognized for their specialized knowledge and proficiency in handling complex family law matters, including divorce, child custody, spousal support, complex property divisions, and other related issues.

A Certified Specialist Has Extensive Experience in Complex Cases

Certified Family Law Specialists are required to maintain their expertise by handling complex family law cases in order to expand their knowledge and experience. To maintain their certification, they must undergo recertification every five years, which involves completing additional continuing education and applying their extensive knowledge to assist California families.

A CFLS will have considerable experience with:

  • Divisive legal separations after a long marriage
  • Difficult divorces where the parties cannot agree on anything
  • Military divorces where both parties are actively serving
  • Complex business valuations where both spouses are owners
  • Sophisticated property divisions involving retirement and other investments
  • Heated mediations over support agreements
  • Emotionally charged situations involving different family backgrounds
  • Intense negotiations involving children and custody
  • Heart-wrenching discussions over grandparents’ rights
  • Litigating difficult child custody and support cases
  • Ex parte “emergency” hearings to stop or prevent abuse
  • Domestic violence assistance for spouses and children
  • Complex paternity issues for fathers
  • Completing and filing voluminous paperwork
  • More…

Experienced and highly knowledgeable in family law, Judy Burger, a Certified Family Law Specialist, brings a wealth of expertise and legal acumen to the table. Her extensive education, years of practical experience, and specialized certification make her an ideal choice for obtaining the results you seek in your family law matters.

A Family Law Generalist May Not Be Enough

Difficult family law matters are often mentally and emotionally challenging. The possible complexities and problems are legion and no two cases are alike. A general family law attorney may know the law, but highly charged issues with layers of complexity can be beyond their level of expertise. Realizing your lawyer is out of his or her depth in the middle of your divorce, child custody battle, or other personal matter is far too late. You could risk:

  • Losing custody
  • Limited visitation rights
  • Surrendering valuable assets
  • Burdensome support agreements
  • Your personal safety
  • Your family’s welfare
  • Your reputation
  • Your future

An experienced CFLS like Judy Burger encounters tough cases on a regular basis, so she has experience and resources a general family law attorney simply doesn’t have. If you anticipate a volatile situation in the making, now is the time to see a specialist for seasoned guidance, advice, and representation.

Don’t risk your safety, your family, or your future. Contact The Law Offices of Judy L. Burger, Certified CA Family Law Specialist, to schedule a consultation today. Our team is prepared to go above and beyond what a mere family lawyer can do for you!

 

Can I Get Spousal Support During a Legal Separation?
Legal Separation, Spousal Support

Can I Get Spousal Support During a Legal Separation?

Legal separation may be a good option for couples who are unsure about getting a divorce. However, it’s important to know that legal separation can come with significant financial responsibilities, including potential spousal support. If you need help understanding whether you have to pay or may need spousal support during a separation, Certified CA Family Law Specialist Judy L. Burger can help. She can share the information you need to make the best decision for your specific situation.

What is a Legal Separation?

A legal separation is a legal arrangement where a married couple lives apart while remaining legally married. This separation agreement addresses issues such as spousal support, child custody, visitation, and division of assets and debts. Legal separation can be a suitable option for couples who are uncertain about whether they want to pursue a divorce or for religious or financial reasons. It enables couples to live separately and manage their individual affairs while addressing practical matters similar to those in a divorce.

What Is Spousal Support?

Spousal support, also known as alimony, refers to the financial assistance provided by one spouse to the other during or after a divorce or separation. It is designed to help the recipient spouse maintain a standard of living similar to that enjoyed during the marriage.

Legal Separation and Alimony in CA

The amount of spousal support and the duration for which it is paid can vary widely depending on factors such as the length of the marriage, each spouse’s financial situation, earning capacity, and contributions to the marriage, among others. Spousal support can be awarded on a temporary or permanent basis, and it is an important aspect of many divorce proceedings.

There are two types of spousal support in California: temporary spousal support and permanent spousal support.

  1. Temporary support is alimony that is paid while a case is still pending and before a final order or agreement has been reached.
  2. Permanent spousal support refers to the support order determined at the end of the case. Despite the name, it does not imply an endless support agreement.

Legally separated spouses handle their finances similarly as they would in a divorce, except they cannot sell shared assets. One party often lacks the independent income to adequately support themselves. The court determines each party’s earning capacity and many other factors to determine the support agreement warranted. If there is a significant difference in income or potential earnings, the higher earner may be required to provide support.

These considerations are highly specific to each situation, so you need an experienced CA Family Law Attorney like Judy Burger to help you prepare for a support determination. She can work with you to formulate an equitable and fair support agreement that covers all the relevant factors of the case.

California’s 10-Year Rule and Alimony

In California, a marriage that lasts for ten years or more is considered “long duration,” giving the court indefinite jurisdiction over spousal support in cases of divorce or legal separation. However, according to Family Code 4336, periods of separation during the marriage may also be considered in determining the length of the marriage. This means that if a couple legally separates before the ten-year mark, it may impact whether their marriage is classified as long duration in the event of a future divorce. It can also impact how spousal support is determined during a legal separation proceeding a divorce.

Working with a Certified CA Family Law Specialist like Judy Burger is obviously in your best interests when considering a legal separation and possible spousal support issues. Whether you may need alimony or be more likely to pay spousal support in the event of a separation, you need to know your options and how to prepare. Schedule a consultation with The Law Offices of Judy L. Burger in California to get advice and guidance for your future.

 

Can In-law Gifts and Support be Considered During my California Divorce?
California Divorce

Can In-law Gifts and Support be Considered During my California Divorce?

Divorce can be devastating on multiple levels—especially financially. Getting through the process and back on your feet can take time. In this situation, it’s not uncommon for family members to help out by providing extra funds. Depending on the circumstances, someone’s family support could be a temporary measure or ongoing. Additionally, some family “gifts” operate more like recurring income. If you or your ex are getting supplemental financial assistance from family, you will want to know: Can in-law gifts and support be considered during my California divorce? Continue reading →

Spousal Support

“Africa Diamond Scam” Case Differentiates Alimony and Property Settlement

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Marriage is a beautiful thing, and for some people, it is the key to long-lasting happiness and even personal wealth. But even the beauty of marriage can wilt and wither, and what was once a happy flourishing relationship can turn to separation and divorce. In those cases, no amount of money can buy back the happiness of the relationship, and the division of property that is the marker of a relationship ended ensues. When a marriage ends, it often brings with it issues of spousal support – and that spousal support can take different forms.

Alimony is the form of spousal support that most people are familiar with – it is the payment if funds from one spouse to the other for ongoing maintenance. Alimony is designed to allow a recipient spouse to take care of himself or herself. Property settlement, on the other hand, is the division of the assets of the marriage. It is the separation of those things that the marriage has jointly acquired between the two individuals as they move in separate directions.

These two concepts seem similar but have different consequences for tax purposes. Generally speaking, property settlement has few to no tax consequences. Alimony, on the other hand, is taxable as income to the receiving party and deductible as an expense by the paying party. The different treatment does not change whether you are dealing with a multi-million dollar marriage or something much smaller, though the tax amount varies considerably.

The recent Enron case interestingly has even touched the world of divorce and the separation of property with that goes along with it. Byron Georgiou, an attorney associated with the case, entered into a divorce just prior to the completion of that case. Pursuant to the divorce agreement, his ex-wife was to be entitled to 10% of the fees he received from the case. When the case settled, Byron was awarded $55 million in fees. His ex-wife, Maria Leslie, was therefore entitled to $5 million. The language of the marital settlement agreement had placed the provision related to the fee award in the section of the agreement related to division of property. It then used language that clearly identified it as spousal support that was intended to be taxable income for the wife.

The responsibility to pay taxes is a serious one, and the United States Tax Court does not make exceptions based on mental health or divorce. Ms. Leslie was recently in front of them for failure to pay taxes. She had multiple arguments regarding the amount of taxes she was due and for which tax year. Leslie had been scammed for $400,000.00 in an African diamond scam, and the issues before the court related to whether the funds were intended as spousal support or were instead a division of marital property.

Leslie was fortunate to have the court find that money she had been swindled in the scam was properly considered a theft loss that she could legally write off. However, the court also found that the income she received from her ex-husband’s participation in the Enron litigation was taxable income to her. The court found that the language in the agreement identified it as such, even though it was in the section of the agreement on property settlement and even though it did not include any provision for termination at the time of her death.

Teasing out whether support is intended to serve as alimony or as a property settlement can have major consequences for both spouses. That’s one of the reasons it’s so important to make sure your divorce papers are handled by an experienced attorney who is an expert in California divorce law. Contact the attorneys at the Law Offices of Judy L. Burger today to learn how our attorneys can help in your case: (415) 293-8314.

Get Ready for Next Tax Year: How Does the IRS Treat Spousal Support?
California Divorce, Spousal Support

Get Ready for Next Tax Year: How Does the IRS Treat Spousal Support?

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If you are newly divorced or going through a divorce, you may be unsure how the Internal Revenue Service treats spousal support for tax purposes. Many people do not think about taxes until tax time rolls around. Of course, it is wise to be prepared on this issue, as receiving (or paying) spousal support will affect your tax bill and potentially lead to an underpayment that you will need to make up by April 15.

The Internal Revenue Service (IRS) treat spousal support, also called “alimony,” as income for federal tax purposes. The most important issue is what qualifies as alimony under federal tax law.

Alimony payments must meet all of the following qualifications:

  • The parties do not file a joint return.
  • The payments are made in cash, by check, or by money order.
  • The payment is received either by the ex-spouse or on that person’s behalf.
  • Neither the parties’ separation agreement nor a court decree says that the payment is not spousal support.
  • The responsibility to make the payments stops when the ex-spouse dies or remarries.
  • The payment is neither child support nor part of the parties’ property settlement.

The IRS specifically provides that the following do not qualify as alimony:

  • child support;
  • property settlements that are not made in cash;
  • payments that are intended to be a spouse’s share of community property income; and
  • payments made either to keep up or for the use of the paying spouse’s property.

The former spouse who receives the payments is required to report alimony as income for federal tax purposes. Likewise, the former spouse who makes alimony payments is entitled to a deduction for payments made.

Those who receive payments are required by law to cooperate by providing their Social Security number to the paying party. If receiving spouses do not do this, they may receive a $50 penalty. A party making the payments could not only receive a $50 penalty for failing to include the recipient’s Social Security number but also could see his or her income tax deduction disallowed.

Here are a few trickier situations that require competent financial or legal advice:

  • payments made to a third-party under a separation agreement, a divorce decree, or at the written request of the receiving party;
  • payments for life insurance premiums for the benefit of the receiving spouse, if they are required by court order or a written separation agreement; and
  • certain mortgage, real estate tax, or house insurance payments.
If you are not sure whether to claim alimony as income or a deduction, you should consult with an experienced California lawyer. The attorneys at the Law Offices of Judy L. Burger will provide authoritative legal support tailored to your specific situation. Make the call today to learn how our attorneys can help: (415) 293-8314.
Child Custody

Renewing a Family Law Judgment

A money judgment from a family law case does not expire. The judgment is active and valid until all monies have been paid in full. There are reasons, however, to have your family law money judgment renewed. Family law judgments accrue interest at the rate of 10% per year. For example, if you have a judgment for $20,000, the annual interest would be $2,000. After 5 years with no payments, the amount owed would be $30,000. If you were to have the judgment renewed, all of the money owed would become the new principle. In the example above then, the new principle is $30,000. So, the interest added each year thereafter would be $3,000 instead of $2,000. There is a filing fee, and you must renew the judgment within the first ten years after the date of the judgment. The debtor must be served with the new judgment and will have thirty days to file a motion to vacate or modify the renewal. If you received a judgment awarding you money in a family law case and have not received full payment, contact our office today. Judy L. Burger is known for aggressively representing clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. Call today to learn more about how we can help at (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online using our confidential inquiry form.
Child Support

What Are Your Options When A Former Spouse Refuses to Pay?

What are your optionsSometimes family law judgments are even harder to collect than regular debts because of the unpleasant emotions attached to the judgment in the mind of the payer. The anger and bitterness that develops during divorce or custody proceedings often continues, even after the court battle is over. If your former spouse or partner was ordered to pay money directly to you, his or her emotions can blur logic and lead to refusal to pay. If this situation is all too familiar to you, and your best efforts to work out payments have failed, then it is time for you to contact an aggressive family law attorney to help you collect. Clients frequently call on us for help to enforce payment of family law judgments. When we first meet with you, we will gather information about your case and explain your options.  Here are a few things we may recommend, depending on your circumstances:
  1. Using legal discovery methods to gain information about the former spouse’s assets. Before attempting to collect, we’ll need to know what assets he or she has that may be subject to levy or seizure.
  2. Placing a lien on the delinquent payer’s real estate.
  3. Placing a lien on the delinquent payer’s personal property.
  4. Seeking an Earnings Withholding Order to get part of the delinquent payer’s wages directly from his or her employer.
  5. Seeking to levy the delinquent payer’s bank accounts.
These are just a few of the options for collecting money owed on a family law judgment. If you are having difficulty getting your former spouse or partner to pay, contact our office today. Judy L. Burger is known for her tenacious representation of clients in highly contested family law cases in and around the San Francisco Bay and Sacramento areas.  If you need help enforcing a family law judgment, call us today to learn more about how we can help.  Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.
Child Support

Common Defenses Against Collection of Family Law Judgments

BrokeIf you are the debtor in a family law judgment case who needs to defend against a collection action, your attorney may choose from a variety of options in your defense. One of the tools used to defend collection by way of garnishment is a Claim of Exemption. Your attorney will prepare a document explaining why your wages should be excluded. Certain types of income and property are exempted from garnishment by law. After your attorney files your claim of exemption, the other party has ten days to oppose your claim. Similarly, you can claim an exemption on certain types of property if a judgment creditor is seeking to impose a levy on your real or personal property. The claim of exemption should be prepared by your attorney, who knows which types of income and property are excluded from being subject to a levy. If the other party submits a timely response to your claim of exemption, then the court will schedule a hearing and a judge will make the final decision regarding the exemptions. If you are facing garnishment or levy, or if you are seeking to collect money from a family law judgment, call our office today. Judy L. Burger is known for her aggressive representation of clients in and around the San Francisco Bay and Sacramento areas.  If you are dealing with either side of a family law judgment, call us today to learn more about how we can help.  Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.
Child Support

Collecting Money Owed to You from a Family Law Judgment

MoneyIf a former spouse or partner owes you money based on a judgment in a family law case, it is important for you to know that in California the collection of money from a family law judgment is the responsibility of the person to whom the money is owed. In other words, if you don’t take steps to enforce payment, the court won’t do it for you. You can begin collecting as soon as a money judgment is entered. Filing an appeal or a bankruptcy petition will not release the payer from the responsibility to pay judgments related to family support. If the responsible party fails to pay you on or before the court-ordered deadline, you should take steps to seek payment. Statistically, the longer a debt is owed, the harder it is to collect. Don’t waste precious time wondering whether you should do anything. If a court ordered your former spouse or partner to pay, then he or she should be required to do so. Most importantly you should contact an aggressive and caring family law attorney. The sooner you contact us, the sooner we can get started on a plan to collect the money you are owed. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas.  If you are having difficulty collecting a family law judgment, call us today to learn more about how we can help.  Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.