A legal separation is an alternative to divorce when couples no longer want to live together, but do not want to end their marriage, or are unsure that they want to end their marriage.
Discover why our clients return to us and recommend us to their friends and acquaintances. Spousal support is one of the more bitterly contested issues in family law cases, along with child custody matters. People do not like to pay spousal support to their soon to be ex-spouse.
Spousal support may be litigated during a divorce, legal separation or even a nullity case, at the conclusion of the divorce or legal separation, or anytime after the conclusion of a divorce or legal separation case so long as the court has retained the power to order spousal support. For more information about spousal support. The family court has the distinct authority to grant a request for temporary alimony during the pendency of a nullity case. The reason is because it is not certain that the nullity will be granted and the court may ultimately only grant a divorce or legal separation.
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The family law judges in Hemet, California which serves Temecula residents are not allowed to discriminate based on gender for any issue involved in a divorce or legal separation case, including when spousal support is at issue. The United States federal law as well as California law ensures that biases regarding gender is to be avoided.
Additionally, our partners have sat as Judge Pro Tem for the Superior Court in California, and as a result they were required to participate in training and ethics to eliminate bias based on race and gender.
All judges sitting in courts throughout California are required to participate in this training. Notwithstanding this required training for judges, they are human and natural bias or discrimination may play a role in their decision-making. It depends on the facts and circumstances of your case.
First, the court treats temporary spousal support differently than permanent spousal support. The court will use a spousal support calculator to determine the proper amount of spousal support, although the court is not bound to follow exactly what the calculator dictates. The calculator attempts to portion net income equally among the parties. Code For the bullet list of the factors. The court is specifically not allowed to rely on the spousal support calculator to determine permanent spousal support.
The length of time a spouse may be required to pay alimony depends on a wide variety of factors. First, the length of marriage is of key importance. For marriages over ten years, the court will retain jurisdiction forever to order spousal support see Fam.
Code unless the parties agree that the court should not retain that power. Importantly, despite the fact that the court will retain jurisdiction forever to order spousal support when a long term marriage exists i.
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Code l. If a couple was married for four years for example, the presumption is support should be paid for two years at a maximum. Second, the facts and circumstances involved in the case may determine how long spousal support in Temecula, CA is ordered for. Here are a few examples.
Suppose a couple were married 25 years and the wife was a homemaker. It is likely that the husband will be paying spousal support for a very long time. Or suppose a couple was married for 12 years and the wife was the primary earner over the course of the marriage, but the husband had been attending medical school and is about the graduate. The likelihood that spousal support will be paid by the wife to the husband for any length of time is not very high. Unlike child support, which is not taxable income to the recipient and is not deductible as income to the person obligated to pay child support, spousal support may be taxable income to the recipient and tax deductible to the person obligated to pay spousal support for state tax purposes.
Spousal support is no longer tax deductible for federal tax purposes. These circumstances present an immediate need to file papers in court. In Riverside County, the procedure to address this problem usually involves the prompt filing of a divorce case along with a Request for Order for temporary alimony. As you might suspect, the court generally does not appreciate it when one spouse completely cuts off the other spouse from having money to live and pay bills, and sanctions under Fam. Code may be appropriate in these circumstances.
In most circumstances the answer is yes. However, there must be proven some change of circumstance warranting modification, such as a change of employment for either spouse, material change in the income of either party, loss of health insurance, or other similar types of changed circumstances. Only the parties can agree to modify the amount. Self-employment income usually presents a very difficult and interesting analysis in relation to spousal support.
Spouses that own their own businesses often mix personal and business expenses, and tax returns do not show the full picture although they are a good starting place. During the divorce, your attorney has the right to conduct discovery to gather information relating to the self-employment of the other spouse, including demanding documents, sending subpoenas, taking depositions, and so forth.
Showing the court the proper and relevant information concerning self-employment, business and personal income is of key importance. First, if a support obligor or recipient dies, spousal support will terminate. Second, if a specific date is reached for which the parties agreed or the court ordered spousal support to end. Third, when the recipient of spousal support remarries, spousal support will no longer be payable to that spouse unless the parties specifically agreed in their divorce Marital Settlement Agreement that spousal support would continue to be paid even upon remarriage.
The support obligor can file a motion to reduce, limit or terminate spousal support in such a case. A recipient of spousal support may fight a request to terminate or reduce spousal support even though they are cohabiting with another person.
For example, suppose the recipient spouse shows evidence that they and their new relationship do not share any expenses and pay for everything separately; in such a case, the presumption would be rebutted because the financial circumstances of the supported party have not changed.
Frequently asked questions about spousal support in temecula, ca
This issue has been the subject of several recent changes in the law. Second, Family Code states that in any case where a spouse is convicted of domestic violence against the spouse within the past five years, there is a rebuttable presumption that the perpetrator spouse is not entitled to receive spousal support.
It essentially means that an ex-spouse is not entitled to sit back, relax and refuse to make a good faith effort to become self-supporting after a permanent support order is entered by the court. As noted, this warning is discretionary. Sometimes the court will even make this order during the pendency of a divorce case. It often occurs in divorce and legal separation cases that child support is ordered along with spousal support.
Naturally, if child support is being paid from one spouse to the other, the amount of spousal support that would otherwise be paid is reduced. When child support ends by operation of law e.
For more information about spousal support, contact our office today. We are conveniently located in Temecula and our managing senior attorney, Justine Marren, is able to meet with you immediately. Covid 19 Update: We are accepting new cases and we handle everything electronically and remotely, so our clients never have to leave their homes.
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Legal date of separation in ca – what you need to know
This field is for validation purposes and should be left unchanged. Frequently Asked Questions About Spousal Support in Temecula, CA Spousal support is one of the more bitterly contested issues in family law cases, along with child custody matters.
Does the court discriminate based on gender when ordering spousal support? How much spousal support will I receive? How long will I have to pay spousal support for? Is spousal support taxable? Can I obtain spousal support on an emergency basis?
Can the Riverside Family Court modify a permanent spousal support order? How is self-employment income treated in calculating alimony? What happens when a support recipient remarries? What happens to spousal support if one party cohabitates with someone after a spousal support order is made? When would the presumption that spousal support should decrease upon cohabitation be rebutted? If there has been domestic violence, does that effect spousal support?
What happens with spousal support when my child support payments run out?