QUESTION
My ex wife collects $1,200 per month for rent from two of our sons. Isn't this considered income?
Asked on Sep 27th, 2012 on Divorce - California
More details to this question:
Ex wife collects $1,650 in spousal, $1,200 rent plus she works full time.
5 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Yes.
Answered on May 22nd, 2013 at 1:43 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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In general, rents received are considered income. Spousal support is based on the income of both parties; therefore, the details in your question do not help me come to any conclusions. Unless you have an order for non-modifiable support, I advise you meet with an attorney to determine whether a modification of spousal support may be in order.
Answered on Sep 28th, 2012 at 3:03 PM
Yes. It is considered income and will impact temporary spousal support. It may impact permanent spousal support.
Answered on Sep 28th, 2012 at 3:02 PM
Yes, the rent should be considered income in any support calculations.
Answered on Sep 27th, 2012 at 5:56 PM
Michael Paul Vollandt
Yes that is income for the purpose of setting a spousal support order. There is a difference between temporary and permanent spousal support. Temporary is pre judgments usually is a little more higher than permanent spousal support. FC 4320 is the statute that deals with permanent spousal support.
Answered on Sep 27th, 2012 at 5:56 PM