Family Support

[RMONTE]

California Is The State Family Support
My Husband Changed The Alimony And Child Support To Family Support So That He Could Deduct The Total Amount From His Taxes And That I Would Have To Declare The Total Amount On My Taxes. We Were Married 11 Years. I Need To Know When Does The Family Support End?

 

[I AM ALWAYS LIABLE]

California Is The State Family Support
My Husband Changed The Alimony And Child Support To Family Support So That He Could Deduct The Total Amount From His Taxes And That I Would Have To Declare The Total Amount On My Taxes. We Were Married 11 Years. I Need To Know When Does The Family Support End?

My response:

And you agreed to this? I'd need to read your agreement/order because I need to know the allocation between child support and spousal support. So, as written, your question cannot be answered with any specificity. Orders and stipulations otherwise in compliance with Ca Fam § 4050 et seq. may designate as "family support" an unallocated total sum for child and spousal support without specifically labeling all or part as "child support" . . . so long as the amount is adjusted to reflect the effect of additional income tax deductibility. The amount of such family support order "shall be adjusted to maximize the tax benefits for both parents." [Ca Fam § 4066]

IAAL

 

[RMONTE]

Family Support Ca.

I Had No Option My Lawyer Said That Was What Happened. He Was Ordered To Pay $179 For Each Of The Children And My Alimony Was $179.

 

[I AM ALWAYS LIABLE]

I Had No Option My Lawyer Said That Was What Happened. He Was Ordered To Pay $179 For Each Of The Children And My Alimony Was $179.

My response:

Then you were screwed. You should only be paying taxes on your $179.00 Spousal Support amount - - not the Child Support amounts.

IAAL

 

[RMONTE]

Family Support Ca.

Now the Question is: when All Three Children Reach 18 Am I Still Entitled To The Whole Amount Of Family Support Or The Orginal $179?
Thanks

 

[RMONTE]

Family Support Ca.

Please Change Your Call Name To I Am Always Reliable
A Lawyer For That Many Years And From Stanford.
Thanks
R Monte

 

[I AM ALWAYS LIABLE]

Please Change Your Call Name To I Am Always Reliable
A Lawyer For That Many Years And From Stanford.
Thanks
R Monte

My response:

You're still entitled to the whole amount because the whole amount is "undivided" in "family support" orders. But, it all comes out even in the wash anyway because he'll have the tax deductions for all those years, including the deduction even after the children are 18. So, even though you'll be getting the entire amount, and presumably not having to take care of children*, you'll still be paying taxes on the entire amount.

IAAL

*yeah, right. What 18 year old do any of us know that can fully take care of themselves?

 

[RMONTE]

Family Support Ca.

When My Daughter Turned 18 And Her Birthday Was The Third Of The Month He Divided The 179 By 30 Days And Sent Me The Support For Those Three Days Only. The Support Amount Has Not Changed Since 1981 Because He Knew I Could Not Of Afforded Another Lawyer To Get More Money.
So Should I Go Back To Court And Ask Only For My Orginal Alimony Amount Or Go After Him For The Full Amount?
THANKS

 

[RMONTE]

Calif.
What papers do I need to take to court to prove that it was family support and has not been paid.I have the court degree and all copies of cancelled checks. Also he is now retired from L.B. police so do I have to get something from them to take to court? Retiremed with 90% of his salary.

Thanks,
R. Monte