Negotiating a divorce settlement can feel like the odds are stacked against you. Underlying conflict has already led to the decision to divorce; adding child support and spousal support can make the divorce seem even more complicated. Determining spousal support can also cause contention between the spouses. This is why it is suggested that you contact a Sacramento spousal support lawyer to assist you in your case.
Many factors go into determining child and spousal support. Figuring out the best solution for yourself and your family can get confusing. During this time, it is important to talk with a knowledgeable Sacramento spousal support lawyer who understands family law and can advocate for you.
Spousal support, also known as alimony, refers to recurring payments from one spouse to another. This kind of financial support can be court-ordered for either spouse and may be awarded to one spouse to help them through the divorce process in Sacramento, CA. After the divorce is finalized, it may be extended.
The goal of spousal support is to make the financial transition after divorce easier for spouses who were dependent on their partners for support. Ultimately, there should be a point where spousal support is no longer necessary.
Temporary support can be requested as soon as the divorce papers have been filed. If the two parties cannot determine an amount, a judge will do so for them. The judge will base their decision on the help the lower-earning spouse needs as well as how much the supporting spouse is able to pay. Permanent, or long-term support, is typically awarded in the case of a lengthy marriage or if one spouse has a much higher income than the other.
If you have family law questions regarding whether you qualify for temporary or permanent spousal support, speak with an attorney to discuss your legal options.
The amount and duration of spousal support in Sacramento, CA will depend on factors such as:
There is a common misconception that spousal support is awarded for half of the duration of the marriage. This is merely a presumption for marriages that lasted for a short duration of time and becomes a more open-ended factor for marriages that lasted over 10 years. The Law Offices of Dianne M. Fetzer can help you understand what spousal support may look like in your situation.
Even though the relationship with your spouse is not working out, you still want your children to have what they need. This is likely your biggest concern regarding your divorce. While it may take time for your family to settle into a new sense of what is normal, you still want your children to be able to count on you for support. Determining child support can cause issues between the parents, which is why it is important to consult with an experienced family law attorney.
California uses a formula to determine child support and any modifications. The formula considers factors such as:
Skilled child support lawyer Dianne M. Fetzer can help you negotiate a fair child support agreement.
There are several things that can disqualify you from spousal support in California. One reason you may be disqualified is if you have a criminal history of domestic abuse. Additionally, if you are suddenly able to support yourself, receive marital assets that are enough to support you, or if the supporting spouse has too many other financial responsibilities, you may be disqualified.
If one spouse decides to remarry after the divorce, the alimony payments typically are terminated. In some cases, the couple may have previously agreed to maintain alimony payments even in the event that one spouse decides to remarry. However, in most cases, if a former spouse does remarry, they are then financially supported by their current spouse.
There is no set number of years that you must be married in order to obtain alimony in California. In many cases, though, the length of the marriage can factor into the amount and the duration of the alimony payments you are awarded. Sometimes, judges will use the ten year rule, meaning that in marriages that lasted less than ten years, alimony payments last half of the time of the marriage. If married longer than ten years, alimony lasts longer.
The most effective way to terminate spousal support is to speak with an attorney and/or a judge about ending the spousal support payments in California. The judge will consider a termination if the supported spouse is able to provide for themselves financially or if the financial situation of the paying spouse changes. It also may be terminated if either spouse dies, the court order specifies an end date, or you as a couple make an agreement as to when the support ends.
The Law Offices of Dianne M. Fetzer can help you with your questions about child and spousal support. For consultation at a reduced fee, call our Sacramento office at 916-565-1200 or contact us online.