Do gifts from grandparents constitute income for support?

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No. Experienced family law attorneys will tell clients that gifts do not constitute income available for support. 


Under the Marriage of Williamson, the court of appeal held that large and sporadic gifts from the husband’s parents to the husband during the marriage, which had supported a very lavish marital lifestyle, were not includable as the husband’s income for purposes for calculating child support.


In the Marriage of Williamson, the husband’s father had amended his trust to provide that any loan balances and accrued interest due and owing by the husband at the time of distribution would be subtracted from the husband’s portion of the inheritance, and had testified that he did not intend to make any further advances or “loans” to the husband other than a small annual gift. Because there was no reasonable indication that the husband’s father would continue to give the husband any gifts except the annual gift, imputing income based on prior gifts would lead to a child support order based on money that the husband did not have.  

Contact me at amanda@gordonfamilylaw.com for more information.

Will the fact that my employer offers perks like meals, per diem, and gym memberships impact the amount of child support I pay?

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Yes. Under Marriage of Schulze, employer perks are income available for support to the extent that they reduce a person’s living expenses.   For example, in California the use of a company car and company condo at below market rate was taken into consideration when awarding support.  However, there are some limitations on this rule as it does not encompass rent free housing outside of the employment benefits context.

Contact me at amanda@gordonfamilylaw.com for more information.

My ex is living with her new boyfriend; can I stop paying spousal support?

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Maybe.  


Experienced Bay Area Family Law attorneys will tell clients that In California, if a supported spouse is living with a non-marital partner, there is a rebuttable presumption that there is a decreased need for support under Fam C §4323(a).  What this means is that the burden of proof is on the supported spouse to show that, despite the cohabitation relationship, her need for support has not decreased. 

 
 In Marriage of Bower, the Court found that “[c]ohabitation may reduce the need for spousal support because ‘sharing a household gives rise to economies of scale. Also, more importantly, the cohabitant’s income may be available to the obligee spouse.'” 
To raise this issue with the Court you do not need to prove that that your ex has a boyfriend, but you must show that relationship has to be more than a roommate/boarder arrangement meaning that either there must be a sexual relationship or a homemaker-companion relationship. Marriage of Thweatt.  And while you may not be able to stop paying the entire amount of support, you could substantially decrease your monthly payments.

Do I have to pay spousal support Under Federal Immigration Affidavit of Support?

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In San Francisco Bay Area, many of my clients have sponsored their spouses naturalization process or green card process in the United States. Just getting a divorce does not necessarily change your green card status, but it may impact your support obligations. 


When a U.S. citizen seeks to sponsor an immigrant (including a spouse), the sponsor is required to sign an affidavit of support that includes an agreement to maintain the immigrant at an income level no less than 125 percent of the federal poverty level. 
The Federal  statute provides that the immigrant may file a federal suit to enforce the sponsor's obligation under the affidavit of support. What this means is that even if you do not have to pay spousal support, you may have to pay support under federal law. 

 In Lui v. Mund, a federal court found that an immigrant wife's failure to seek work, which a Wisconsin court had required as a condition for spousal support, did not relieve her ex-husband of his obligation under the affidavit of support that he had signed to sponsor her as a permanent resident in the U.S. 
Speak to a family lawyer or immigration lawyer if you are considering divorcing and you recently completed the green card process.