Spousal Support Lawyer in Valencia, CA
Serving Valencia Families Who Are Facing Divorce
In the event of a divorce, the matter of support needs to be addressed because the finances between spouses or domestic partners will no longer be sharing income. Spousal support, also referred to as alimony, is typically a court order requesting that one spouse pays the other a set monthly amount. Support payments are typically initiated at two different points within the divorce process. The first occasion is when the spouses originally separate and a temporary support order is placed. Support cannot be ordered however, until one party has filed for an annulment, separation or dissolution. The second instance that spousal support comes up is at trial, when the judge orders a more permanent spousal support agreement.
How is spousal support calculated in California?
The California court takes several different factors into account when determining the proper amounts of temporary spousal support and then they use a computer program to help calculate it electronically. For permanent spousal support however, they are prohibited from using the software, rather they are required to base it off of the elements in California Family Code, Section 4320.Based on the different elements, the court has to determine how much support must be paid from one part to the other and how long that financial assistance will be required.
The factors found in California Family Code, Section 4320 include:
- The longevity of the marriage / domestic partnership
- What the standard of living was during the marriage
- If the other spouse was to get a job, would it affect the children?
- The total income and earning capacity of each party
- The total debts and properties of each party
- The ages of each party and their state of health
- Did domestic violence actions ever ensue against one party by the other?
- If one spouse helped the other to attain a career, education, or training for a specialized business license
- What are the tax repercussions?
- If one party's job is affected by the need to care for the children
How a Valencia Divorce Lawyer Can Help
Are you searching for a lawyer for a spousal support case in Valencia? If you are looking to have your child support amount modified after the permanent support agreement has been established, then you must be able to show a significant change in circumstances. If you are able to prove that you're the level of income has changed, one party is unemployed, or the other spouse has is not trying to obtain employment, then the court will consider revisiting the support issue. Also, if you are hoping to have the spousal support payments terminated, the court will usually only cancel the court order if the spouse has since deceased or they have enter into a another marriage or domestic partnership. Here at Barnholtz & Kugler our Valencia divorce attorneys have more than 33 years of experience and we can help you!
If you need an attorney for a spousal support case in Santa Clarita, contact a Valencia divorce lawyer from our firm today to schedule an appointment!