ONCALL
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Family Law
......Spousal Support
7 Cards On This Topic:
The federal taxable income of a sponsored immigrant should be considered in calculating a sponsor's support obligation under an I-864 affidavit.
Trial ct. did not rely on Xspouse and temp. s/s order for permanent s/s order where SOD clearly indicated permanent award was based on carefully considered FC §4320 factors, Xspouse and temp. order only briefly discussed for context.
It was error not to consider H’s evidence of DV in the spousal support portion of the trial.
Amended I&E filed 5 days before hearing properly disregarded.
Legal principles involved in setting temporary spousal support.
In determining whether reasonable business expenditures unrelated to primary business may be considered, court considers whether including or excluding them would work a hardship on either party.
A trial court may appropriately consider payment of adult children’s college expenses in determining ability to pay spousal support.