Experienced Woodland Hills and Pasadena Family Law Firm Can Help You with Spousal Support
We can educate you on the issues surrounding spousal support in California
Many couples have questions regarding spousal support (alimony) and how it affects their separation or divorce. Because we have more than 35 years of experience in family law matters, the divorce attorneys at the Law Offices of Steven A. Blunt can help educate you on the issues surrounding spousal support and how they relate to your individual situation.
Spousal support: What you need to know
There are two different types of spousal support, temporary and permanent. Temporary spousal or partner support is paid while the case is moving through the court. The judge uses a formula to determine the amount of temporary spousal support warranted. Once the divorce is final, a permanent order is issued, taking into account numerous factors specific to your case, including:
- Length of marriage or partnership
- Standard of living
- Care of children
- Age and health of both parties
- Debts
- Property
- Whether one party was supported by the other while he or she obtained education, training, career, or professional license
- Any instances of domestic violence
- Consequences to either party’s career caused by staying home to raise children
- Tax impact
A permanent spousal support order will remain in effect as long as the circumstances of your and your spouse’s employment and living situations do not change. If they do change, you can modify a spousal support order by asking the judge to review the change in circumstances. At the Law Offices of Steven A. Blunt, we are experienced in helping clients obtain full and fair spousal support and fighting improper requests for support.
The 10-year rule
In marriages that last more than 10 years, the court is not allowed to set a definite date for termination of support. However, this does not mean that your spouse will receive support indefinitely. The court is allowed to set a date by which the spouse receiving support must apply to extend it. If your marriage did not last 10 years, then spousal support is presumed for no longer than half the length of the marriage.
What if I can’t make my spousal support payments?
Spousal support payments are mandatory and cannot be stopped by declaring bankruptcy. If you fall behind on your alimony payments, you are charged interest at the rate of 10 percent on the balance due. The judge cannot change this rate. Once you have a balance, your wages can be reassigned to help offset it. You continue to be charged interest on this balance until you are current on your payments. If you have the money to pay your support and are just not paying it, you can be found in contempt of court and sent to jail. If you cannot make your spousal support payments, let our divorce attorneys help you seek a modification of your divorce decree.
Partner with a law firm that fights for you and what you deserve
Our divorce attorneys are knowledgeable about the spousal support process and can help you prepare for what the court determines you will pay or receive. We can also help you figure out when you need to apply to adjust those amounts, so you can get what you deserve. Call the Law Offices of Steven A. Blunt at 818-337-3595 to learn more about spousal support, alimony and how they apply to your specific case. We also can be reached online.