Hanford Spousal Support Lawyer

No divorce is easy, not even in situations where the couple can remain amicable throughout their proceedings. In all divorce cases in California, determinations must be made on certain issues, such as property division, child support and custody, and spousal support. Making decisions on financial matters can be difficult, but the issue of spousal support can cause significant tension between a divorcing couple. A Hanford spousal support lawyer can help.

Defining Spousal Support in Hanford, California

At the initial stage of the divorce, legal separation or nullity of marriage action, the lower earning spouse may ask the court to order the other spouse to pay him or her spousal support on a temporary basis while the action is pending. The purpose of this temporary support is to maintain the living standard of the parties pending a final determination of the action.

California has a complicated formula for calculating temporary spousal support. The court relies on software programs, the most common of which is known as “Dissomaster,” to perform the calculations. We would be pleased to demonstrate the Dissomaster program to you and calculate temporary spousal support under your circumstances during your initial, free consultation.

While there is usually no grounds to cause the court to deviate from the temporary spousal support determined by the software, there is very often grounds to dispute the figures that relied upon to calculate Guideline Support. For example, if one spouse is not employed, or is not fully employed, the other party may be able to prevail upon the court to “impute” income to that party.

That is, the court may calculate spousal support based on a party’s earning capacity rather than his or her actual earnings. The court is not required to accept the actual income earned by a party.
In a final judgment of dissolution of marriage or legal separation of the parties, the court may order a party to pay for the support of the other party an amount, for a period of time, that the court determines is just and reasonable, based on the standard of living established during the marriage. This type of support is referred to as “permanent” support, although it is not typically permanent. In ordering permanent spousal support, the court must consider a variety of factors, such as the duration of the parties’ marriage, the education, health, income and earning capacity of the parties, and any other factors the court determines are just and equitable.

The courts have broad discretion to modify or terminate a temporary or permanent spousal support order. However, the party seeking a modification or termination must show that a change of circumstances has occurred since the spousal support order was made, i.e., the support recipient’s income has increased or the payer spouse’s income has decreased.

Factors Impacting Spousal Support in California

When you work with the team at Chase Family Law, we can gather the financial information of both you and your spouse to help calculate the amount of support necessary in your case. There are also other factors that can impact a spousal support case in California, including:

• Length of the marriage. In many cases, the longer a couple has been married, the more spousal support to which you may be entitled. This is especially true if you put your own career on hold to raise children or keep the home while your spouse worked.

• Earning capacity and income. Another factor impacting spousal support in California is the income and earning capacity of each party. If one party is seeking spousal support from the other but makes nearly as much as the other party, the amount of spousal support awarded would be much less than in cases where the spouse seeking support has a much smaller income.

• Health and age. If a spouse is older or suffering from certain medical conditions, they may have a better claim for seeking spousal support than a spouse who is younger or healthier.

• Martial contributions. In a marriage, both spouses make significant contributions. These contributions may be financial, such as a spouse who operates as the main breadwinner, or supportive, such as a spouse who takes care of the home.

Seeking Modifications to an Existing Spousal Support Order

In some cases, after a divorce is finalized, there may be changes to one former spouse’s living situation that warrant seeking a modification to a standing spousal support order. These changes in circumstances can include the following:

• The loss of employment for either the paying former spouse or the receiving spouse

• Whether one of the former spouses falls ill or sustains an injury that keeps them from being able to work and earn a living wage

• Whether a new child support order interferes with your ability to pay a current spousal support order

You should only seek a spousal support modification with the help of an attorney who understands the complexities of these legal situations. At Chase Family Law, our family attorney has over 30 years of experience in this area of law and has handled thousands of family law cases.

Our Commitment to Family Law

With years of experience in family law, Chase Family Law is committed to offering personalized legal services tailored to the unique needs of each client. Our practice focuses on a wide range of family law matters, ensuring that every family receives the attention and expertise they deserve. We pride ourselves on our compassionate approach and our dedication to achieving favorable results for our clients.

Speak With a Compassionate Spousal Support Lawyer Today

No matter your circumstances, divorce is difficult, and the financial hardships often faced afterward can be challenging. The compassionate and experienced family lawyer at Chase Family Law is here to help make this transition as smooth as possible. Contact our office today to speak with our attorney and schedule an initial consultation to see how Chase Family Law can help with your spousal support case.