Legal Question in Family Law in California

My ex husband wants me to terminate my $500 a month spousal support but pay me $500 MORE a month in child support. He has had me in court for the past 7 years trying to reduce both child and spousal support. We were married for 10 years. I am a student trying to get thru nursing school and he is 59 years old...close to retirement. Is there any reason why I would not want to terminate my spousal support and take more child support?

Thanks,

Christina


Asked on 4/17/10, 7:53 am

1 Answer from Attorneys

I'm not sure why he would want to do that, but if he does, you may want to go for it. Spousal support is tax deductible to him and taxable to you. Child support is not. If he wants to give you less tax deductible money to him, that you have to pay taxes on, and give you more money that is not deductible to him and not taxible to you, that sounds like a pretty good deal. The only reason I can think of it could be to his benefit would be if child support is scheduled to end sooner, based on the age of the child(ren), than spousal support is scheduled to end in the existing order. It is pretty hard to go back and resume spousal support. But if that is not an issue, take him up on it.

Read more
Answered on 4/22/10, 11:48 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California