CALIFORNIA FAMILY LAW
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Spousal Support
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Amount
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Factors Considered
............Income & Expense Declaration
13 Cards On This Topic:
Income and expense declaration shall be filed in any action where relevant.
Summary of Law: Preparation of Income and Expense Declarations.
Tax return shall provided to other party as part of an I&E.
Payor or payee of child, spousal or family support may request completed I&E declaration from other party once each year.
Amended I&E filed 5 days before hearing properly disregarded.
S/s order properly modified to date H filed his I&E rather than date he filed his motion.
Erroneous I&E not a basis to set aside MSA where proper info disclosed.
Because H failed to present current I&E, the "evidentiary yardstick" with which court could determine the appropriateness of a modification order, his request to modify child and spousal support was properly denied.
Court properly discounted W's later I&E and chose to award support based on earlier, more modest expenses.
Income and expense declaration should be accurate representation of party's needs.
Court must equitably allocate expenses where one spouse has remarried and/or is cohabiting.
Expenses of supported spouse as listed on income and expense declaration need not be exact.
Income & Expense Declarations discussed.