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Supreme Court Makes Important Changes in Law on Marital Separation, Community Property and Support
The California Supreme Court has issued a surprising decision overturning decades of precedent on the “date of separation” for purposes of community property, spousal support and child support. The supreme court’s ruling in Marriage of Davis (Case No. S215050, 7/20/15) has immediately resulted in important changes affecting the finances of divorcing spouses.
Changes in Divorce Laws for 2017 Raise the Stakes in Child and Spousal Support Battles
According to government statistics, Californians pay more than $5 billion in child support, and more than $1 billion in spousal support, each year. It is estimated that more than 500,000 Californians receive child support or spousal support each year. Under the formula followed by most California counties, child support and spousal support can amount to as much as 40% of the paying spouse’s earnings. With stakes this high, the California legislature has not surprisingly been active with legislation designed to weigh the competing interests of paying and receiving spouses. For 2017, this means a new statute directed at determining the “date of separation” for purposes of deciding whether to award child support and spousal support and whether earnings are community property or separate property.
Retroactive Modification of Support Orders
It is sometimes necessary for a spouse to ask the court for an interim support order before discovery on the other spouse’s income has been completed. In these situations, it can be beneficial to ask the court to make the interim support order retroactively modifiable, so that it can be retroactively adjusted when further discovery on the other spouse’s income has been obtained.
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