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Divorce can be a challenging and emotional process, and it can become even more complex when it comes to determining spousal support. Spousal support, also known as alimony, is a payment made by one party to the other in a divorce to help maintain their standard of living. In California, spousal support is determined by several factors, and it's essential to understand what you may be entitled to or what you may need to pay. In this blog post, we will discuss the factors that a court will consider during a California divorce, how spousal support is calculated, what happens if you are unable to pay spousal support and what options are available if your ex-spouse fails to pay.
In California, when determining spousal support, several factors are considered, such as the length of the marriage, the earning capacity of each spouse, the standard of living during the marriage, the age and health of each spouse, and the contributions of each spouse to the marriage, to name a few.
If the marriage lasted less than ten years, the general rule is that spousal support will be granted for half the length of the marriage. However, if the marriage lasted more than ten years, the court does not have a maximum duration for which support can be ordered. In other words, spousal support can sometimes be permanent.
California law provides a formula to calculate temporary spousal support, which considers both parties' incomes and the time each party has with the children. However, permanent spousal support is not calculated using a formula, and instead, each case is evaluated on its own merits. This is when the factors mentioned above come into play.
The court may order husband or wife to pay temporary or permanent spousal support to the other. In California, spousal support payments can be made to be paid monthly, annually, or even in a lump sum, depending on the circumstances.
If you are unable to pay spousal support, you should notify the court immediately. The court may modify your payment obligation or even terminate it altogether based on a substantial change in circumstances. However, it is essential to speak with an experienced divorce attorney to ensure that you are not incurring any penalties or interest if you are unable to make payments due to financial hardship.
If your ex refuses to pay spousal support, you can take legal action to enforce the court order. This may include filing a motion for contempt or requesting wage garnishment. An experienced family law attorney can help you explore your options and determine the best course of action to ensure that you receive the support you are entitled to.
Divorce can be a painful experience, and spousal support can make it even more complicated. However, understanding the factors that a court will consider during a California divorce, how spousal support is calculated, what happens if you are unable to pay spousal support or if your ex-spouse fails to pay, and what options are available to you, can help reduce your stress while navigating your divorce. At the Law Office of Caitlin Fitzpatrick, we understand the complexities of divorce and have years of experience helping clients with their family law matters. Contact us today to schedule an appointment so that we can assist you in protecting your rights and best interests.
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