IF I EARN MORE THAN MY WIFE, DO I HAVE TO PAY SPOUSAL SUPPORT?

DONALD F. CONVISER, a Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Family Law and Divorce Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, brings you another informative and educational blog, responding to questions posed to him about Divorce and Family Law.

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: In California, do I have to pay spousal support to my wife after our divorce because I make more money? I have been separated from my wife for a year and a half, and we have no problem sharing custody of our child. She pays for the daycare, and I do not ask for childcare support beyond that. However, do I need to pay to support her if I make more than she does?

ANSWER: If you earn significantly more than your wife earns, you will likely be ordered in a divorce judgment to pay Spousal Support to her. However, if she earns only a bit less than you (i.e, up to 20% less than you), such an order would be fairly unlikely. If your wife waives Spousal Support, you would be free from a Spousal Support order. If you can demonstrate with appropriate evidence that your wife is "underemployed", you could have income "imputed" to your wife, as was done in the Marriage of LaBASS and MUNSIE, where the husband's evidence comprised classified ads showing available full time employment for the wife, who chose to work as a part-time professor and devote more time to the children, instead of working full time.

Even though you have a "good deal" regarding Child Support now, that may change in a divorce judgment. Child Support is calculated under the California Child Support Guideline based on your income, your wife's income, and your percentage of custodial timeshare. Regarding daycare for your child, that would normally be treated as a Child Support add-on, with each party responsible to pay 1/2 of that add-on. If your wife agrees to non-guideline Child Support pursuant to Family Code Section 4065(a) and both of you set forth in the judgment the required declarations for a non-guideline figure or no child support, your wife could subsequently return to court on an Order to Show Cause to obtain an order for Guideline Child Support without having to demonstrate changed circumstances, pursuant to Family Code Section 4065(d).