Are their any laws stating that Spousal Support cannot be issued while the parties live together under one roof?

Asked over 1 year ago - Santa Clarita, CA

Marriage 6 . 6 years , no children 1st hearing - Ordered to pay 105% of my paycheck in SS + $ 5000 in her attorney fees while she lived in my house I purchased before the marriage . Judge denied my request that she pay rent or utilities and didn't issue an order for her to leave . Dissomaster report manipulated with false deductions ; we have no children but report stated I should set W - 4 to 15 federal exemptions . She lied , stated no job . 2nd hearing ( 2 months later ) - I paid my entire paycheck for two months , Judge stated he wasn't aware we lived together , reduced SS to 2500 but kept in place even though we live together and she is well educated ( 2 masters degrees ) and works . + 3K Att added , Writs issued for Att . fees , support not deductible , facing contempt charges , house in foreclosure

Additional information

Nothing is missing from the situation, except the judge getting mad at me for accusing her of working in the 1st hearing and not submitting any evidence into court beforehand. Copied her work laptop contents, proved exact income. It was glossed over in the 2nd hearing, judge kept the support in place since I already paid the amount.

Even the court facilitator complained when filing out the wage assign. form I initiated to send to my same address(after 2nd hearing). This was to protect against the garnishment for lawyer fees(SS over 50% - fed limits).

Work messed up the orders and garnished lawyer fees instead of support (I corrected it with them), but now I have a hearing scheduled for contempt. Community is negative due to 401K loan and line of credit taken out during the marriage that I've solely been paying for.

As a understand Section 71, support in any form under any order is not tax deductible if the spouse does not move out of the same residence within 30 days of the payment.

Attorney answers (1)

  1. Stephen Ross Cohen

    Contributor Level 20

    Answered . No, but mortgage payments are part spousal support, and she needs to eat, something is missing in the fact situation.

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced... more

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