Legal Question in Family Law in California
I am scheduled on Feb 21, 2013 for a hearing to address spousal and child support modification orders (to correct the original orders that were wrong) This correction would greatly increase my support (child and spousal) amount and is the reason my husband would not sign the modification and why we are going back to court at that time. In the meantime am I obligated at this time to move forward with the "Declaration of Disclosure" and or is there anything that by doing so before the court hearing that could hurt the outcome of that modification order" The correction was military pay put in the "DissoMaster" as "Taxable Income" for BAH BAQ housing when it is "non-taxable" and affected the amount of spousal and child support I would get in my favor. At this time I am getting the incorrect amount from the original orders. If his atty wants to totally re-do the dissomaster instead of addressing the correction I am afraid he will want to put me at minimum wage when I have not worked in 17 years and that could work against me.
1 Answer from Attorneys
Correction?
Military benefits BAH and BAQ, although not taxable or subject to garnishment, can certainly be included as gross income because its a benefit from work one gets. There is a statute stating that. Another statute lists the exclusions and it does not exempt military benefits. This went to the Court of Appeal in 2010 and it is clear that both can be included in the calculation.
Also Fam C �4053 states the guideline takes into account the � �actual income� � of the parents, not their taxable income.
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