Modification of Spousal Support Rejected Due to Husband’s Effort to Shift Income

Pierre Domercq Spousal Support

A California family law court recently rejected a former husband’s modification of spousal support request due to bad faith and an attempt to manipulate businss ownership to reduce “income.”
The former husband owned a business which provided a $50,000 per year salary and and additional $200,000+ in business income annually. He had been originally ordered to pay over $9,000 per month in spousal support at the original divorce in 2009. That amount was reduced to $4,000 per month in 2015 by an agreement between the parties.
In the recent filing, the former husband claimed he had “retired” and requested spousal support be terminated altogether. The business had been transferred into the name of his new wife.
The original spouse objected to the request to terminate arguing the only reason he transferred the business to his new wife was to create the appearance of a substantial drop in income. The Court agreed with the original spouse finding that the husband’s transfer of the business was simply an attempt to evade spousal support.
The court “imputed” an income to the husband based upon the original figures and ordered the continuance of spousal support.
There are valid reasons to request modifications to spousal support or child support or to terminate them altogether. If you are considering a request to increase or reduce support we invite you to review the recommendations of our clients and the legal industry and contact us or call 760-712-3741 to schedule an appointment.