Spousal Support Lawyer in Rancho Cucamonga
What Is Spousal Support?
Formerly known as alimony, spousal support in California is typically divided
into temporary, or pendente lit (pending litigation) spousal support,
and permanent or long-term spousal support. Temporary support may be,
and is typically awarded while the divorce is pending, and is calculated
using a guideline formula according the parties respective net incomes.
As in matters of
child support, Dissomaster® is used for the calculations of this guideline amount,
and it is important that your Upland and Rancho Cucamonga family law attorney knows
this program inside and out.
Long term spousal support, on the other hand, is to be analyzed by the
court according to statutory factors, such as the length of marriage,
a party's devotion of time to domestic duties, and domestic violence.
How long does spousal support last?
The duration of a support agreement depends on several issues. First, the
parties can agree to a certain amount and duration, or they can agree
to waive spousal support in exchange for other assets. The court can order
ongoing spousal support, but there are statutory presumptions that an
ex-spouse should become self-supporting in half the length of the marriage,
except in a marriage of long duration. A marriage of long duration is
presumptively one lasting more than 10 years, and will result in an ongoing
order of support, or at least a reservation of jurisdiction to award support
in the future.
Modifications of Long-Term Support Agreements
Upon the showing of a change of circumstances (such as an increase in the
paying spouse's income or the decrease in the income of the receiving
spouse), either party can petition for a modification with the right documentation
to back his or her reasons. However, there are exceptions. For example,
if the only change of circumstances is the increase of income of the paying
spouse, then the payee spouse must prove that the original order of spousal
support was insufficient to meet his or her needs at that time.
The "change" is the loss of child support due a child of the
parties reaching the age of majority is not considered a "change
of circumstances" because a child reaching the age of adulthood is
not an unexpected occurrence. Finally, the law imposes a duty on all persons
who receive spousal support to make reasonable efforts to become self-sufficient.
An ex-spouse's failure to fulfill the obligations of this "Gavron
Warning" may be a reason to seek a reduction or termination of long-term support.
Do you need assistance in obtaining spousal support or petitioning for
a modification? Attorney Hudson can assist you.
Contact the firm today and schedule a consultation to discuss your options.