Legal Question in Family Law in California

Does large marital settlement count as income for support calcs

1. respondent is primary care taker and has been unemployed for over a year, she just gained a $190,000 divorce sattlement, can this be calculated as her income for support calculations?


Asked on 4/17/06, 2:46 pm

1 Answer from Attorneys
KATHIE SIMMONS KATHIE SIMMONS

Re: Does large marital settlement count as income for support calcs

No, but if she invests the money and it earns interest that is income. If she actually spends the money you can argue that it be considered income. You may also argue that she is capable of working and ask that income be imputed to her. I have seen a judge divide up the property settlement over 4 or 5 years and call it income but I suspected that her ruling would have been overturned on appeal.

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Answered on 4/18/06, 5:17 pm


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