Temporary Vs Ongoing Spousal Support
In a California Divorce, there are two types of support, temporary spousal support and permanent spousal support. When a couple legally separates or divorces, the court may order one spouse to pay the other a certain amount of support each month for the purpose of maintaining the former spouse at a standard of living similar to that enjoyed during the marriage. Whether you wish to receive temporary spousal support order or a permanent spousal support order you should speak with an experienced family law attorney.
WHAT IS TEMPORARY SPOUSAL SUPPORT?
Temporary spousal support is awarded to a spouse while a divorce is pending. It is often awarded when one spouse is unemployed or earning significantly less than the other spouse. The Court may order payment of temporary spousal support consistent with the requirements of subdivisions (i) and (m) of Section 4320 and Section 4325 of the Family Code. Such temporary support is generally calculated using the Dissomaster support calculator and is determined in the same way as child support in California. When advising you, attorney Teresa Beyers will carefully review your situation and provide you with an objective assessment of your legal options.
WHAT IS PERMANENT SUPPORT?
Permanent spousal support is most accurately referred to as post-divorce judgment support. It is a much more detailed process with many factors to be considered. These factors include:
- Extent to which each party’s earning capacity is sufficient to maintain the standard of living established during the marriage
- Contributions of the supported party to the paying party’s education, training, career position, or professional license
- Ability of the supporting party to pay spousal support
- Needs of each party based on the standard of living established during the marriage
- Obligations and assets, including separate property, of each party during the marriage
- Ability of the supported party to engage in gainful employment without interfering with the interests of dependent children
- Age and health of the parties
- History of domestic violence between the parties
- Immediate and specific tax consequences to each party
- Balance of the hardships to each party
- Goal that the supported party becomes self-supporting within a reasonable amount of time (usually one-half the length of the marriage)
- Criminal conviction of an abusive spouse
- Other factors the Court deems just and equitable.
It is important to seek legal advice form an experienced family law attorney like Teresa A. Beyers, so you can be informed and better understand your rights and legal responsibilities as a party to a family law support case. In cases where neither party needs spousal support at the time, the Court may reserve jurisdiction to order spousal support in the future in the event of serious illness, disability, and loss of employment or any other such changes. For example, the Internal Revenue Code provides that all spousal support payments are tax deductions by the paying spouse and taxable to the recipient spouse as “ordinary income”.
In a spousal support case, the financial stakes can loom large, particularly if the existing temporary order calls for the provision of permanent spousal support. Teresa Beyers provides vigorous representation in family court. From the start of your case to its conclusion, Ms. Beyers will work diligently to protect your rights and interests.
CONTACT THE LAW OFFICES OF TERESA BEYERS
For a free initial phone consultation with an experienced Los Angeles spousal support lawyer, contact the Law Offices of Teresa A. Beyers.
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