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SPOUSAL SUPPORT

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Obligation to Pay Spousal Support

In California, married persons have mutual rights and obligations to support each other during their marriage. There is no gender in the California Family Law Code, and it does not matter if the party requesting support is the husband or the wife. There are only parents and parties under California family law. Depending upon the numerous factors taken into consideration by a court in a dissolution case, rights and obligations for support may extend far beyond the marriage.

Spousal Support Factors

The California Family Law Code sets forth a number of factors to be considered in determining spousal support, including: age and health of the parties; education and training, and their length of time in the workforce; the duration of the marriage; the disparity and differences in earning ability; the on-going living expenses for each party; the tax consequences of any award or payment of support, and; other economic factors. Call me for a free evaluation (831) 459-6718The family law court must also make a decision as to the duration and amount of support. California does not have set guidelines for the determination of spousal support as it has for child support, and the issues of the amount and length of spousal support can be often be very unique to each party. Because determining the amount and length of spousal support is one of the most contentious issues in divorce, clients need the advice and assistance of an attorney who is familiar with California family.

Temporary Spousal Support

Temporary spousal support is available immediately upon filing a petition for dissolution of marriage. Unlike an order for long term spousal support, which comes at the end of the divorce procedure, an order for temporary spousal support is according to a set schedule for support that has been implemented by the State of California. Most family law attorneys will be able to run a support calculation for temporary spousal support you in their office.

Modification of Support Order

Spousal support orders may be modified upon a change of circumstances for either party. Changes in circumstances, such as unemployment, disability and other facts, are considered on motion for modification of spousal support. However, after a spousal support order is entered, it is very seldom possible to modify the support amount upward. Most issues involving modification are going to be concerned with lowering the support amount.

Domestic Violence and Spousal Support

Call me for a free evaluation (831) 459-6718There is a presumption under California Family Law that a spouse convicted of domestic violence against the other spouse within the past five years should not be awarded support from the injured spouse.

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4630 Soquel Drive
Soquel Financial Bldg.
Suite 5
Soquel, CA 95073
Phone: (831) 459-6718

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