Spousal Support - California

[janet1p]

What is the name of your state? California

My husband worked FULLTIME AND MADE DOUBLE THE AMOUNT THAN ME before this scenario happened= (My soon to be ex) purposely got fired (because he wanted to claim exempt permanently on his taxes) at the same time I purchased a house with my Inheritance money. He only worked 9 months after the house was purchased (6 months of pay was un-employment - then I Kicked him out.
He didn't tell me that he was fired until we moved in. Since then , he was too lazy to work and used most of the inheritance money.

Will I still be able to ask for spousal support?

[LdiJ]

Originally Posted by janet1p

What is the name of your state? California

My husband worked FULLTIME AND MADE DOUBLE THE AMOUNT THAN ME before this scenario happened= (My soon to be ex) purposely got fired (because he wanted to claim exempt permanently on his taxes) at the same time I purchased a house with my Inheritance money. He only worked 9 months after the house was purchased (6 months of pay was un-employment - then I Kicked him out.
He didn't tell me that he was fired until we moved in. Since then , he was too lazy to work and used most of the inheritance money.

Will I still be able to ask for spousal support?

Probably not. Spousal support is based on actual income, and he apparently doesn't have any. In fact, you make be risking having to pay spousal support to him.

Since you purchased the house with your inheritance money, I strongly recommend that you get yourself an attorney. This is not one that you should be messing around with, without one.

[Bali Hai]

Originally Posted by janet1p

What is the name of your state? California

My husband worked FULLTIME AND MADE DOUBLE THE AMOUNT THAN ME before this scenario happened= (My soon to be ex) purposely got fired (because he wanted to claim exempt permanently on his taxes) at the same time I purchased a house with my Inheritance money. He only worked 9 months after the house was purchased (6 months of pay was un-employment - then I Kicked him out.
He didn't tell me that he was fired until we moved in. Since then , he was too lazy to work and used most of the inheritance money.

Will I still be able to ask for spousal support?

Sounds like he beat you to the punch. Happy alimony paying.

[janet1p]

Oh, believe me... he won't get away with it ....
I have enough proof that he was setting it up all along.

[moburkes]

Originally Posted by janet1p

Oh, believe me... he won't get away with it ....
I have enough proof that he was setting it up all along.

How long were you even married? Do you have children? Do you work full time?

[fairisfair]

how does getting fired make you permanently exempt on your taxes???

[moburkes]

Originally Posted by fairisfair

how does getting fired make you permanently exempt on your taxes???

I dont' even know what "permanently exempt" means.

[Bali Hai]

Originally Posted by fairisfair

how does getting fired make you permanently exempt on your taxes???

Yeah really. I think OP has only one oar in the water.

[LdiJ]

Originally Posted by moburkes

I dont' even know what "permanently exempt" means.

Ok...I will explain that.

Someone can avoid tax withholding on their W2 wages if they can demonstrate that they are "exempt" from withholding. That doesn't apply to social security or medicare withholding, only to federal and state income tax withholding.

However, that generally only applies to a given tax year. For example, if someone can demonstrate that they have net operating losses for a sole proprietor business or a Schedulel K1 that will carry over into the next tax year, and absolutely wipe out their taxable income from their current employment, they have the right to claim "exempt" status. That's perfectly legal. Or, if someone is very low income and recieves EIC every year, they can not only claim exempt status but can also receive advance EIC.

However, tax protesters are trying to use that clause in the tax law, to claim themselves "exempt" from withholding even when they have no basis in fact to claim exempt status.

Since that also impacts employers legally...they generally don't cooperate without some sort of proof...and will even find a way to terminate or lay off employees who claim exempt status without providing proof.

On top of that...there are even people who are making serious money on side jobs ( sometimes unreported, sometimes not) who claim tax exempt status and advance EIC on their regular jobs, only to legally end up owing massive bucks.


In any case, someone trying to claim permanent exempt status at a job likely wouldn't stay there long enough for it to be an issue for the employer...the employer would find some way to get rid of the employee unlesss the employee rovided hard, cold, proof....and that rarely happens with tax protesters.

[moburkes]

Thanks for taking the time to explain that. Appreciate it!

[janet1p]

Yes , My ex worked there for 2 years and was fighting irs saying he didn't have to pay taxes, so after the accountant told him that without proof, they could not allow him to do this, they let him go with no explanation...

[ezmarelda]

Originally Posted by janet1p

What is the name of your state? California

My husband worked FULLTIME AND MADE DOUBLE THE AMOUNT THAN ME before this scenario happened= (My soon to be ex) purposely got fired (because he wanted to claim exempt permanently on his taxes) at the same time I purchased a house with my Inheritance money. He only worked 9 months after the house was purchased (6 months of pay was un-employment - then I Kicked him out.
He didn't tell me that he was fired until we moved in. Since then , he was too lazy to work and used most of the inheritance money.

Will I still be able to ask for spousal support?

[url]http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=fam&codebody=&hits=All[/url]

start reading at Part 3 Chap. 1 and don't mind Bali he's just a muddy stick

[nextwife]

Spousal Support would still depend upon length of marriage. How long were you married?