Visalia Spousal Support Lawyer

Visalia Spousal Support Attorney

In California, a spousal support order can be requested when a couple files for divorce or legal separation. If their request is granted, whichever party is responsible for the payment will be ordered by the courts to pay a certain amount of money to the other party to support them after the marriage. These can be tricky legal cases, especially in a matter that is contested, and a Visalia spousal support lawyer can prove to be essential.

Experienced Spousal Support Attorney

At Chase Family Law, our attorney has over 30 years of experience assisting clients who face a wide range of family law issues, including divorce, legal separation, and the issue of spousal support. In certain cases, this process can be completely amicable between the two spouses if they have already reached a fair agreement on their own, and spousal support can be agreed on through mediation or collaborative law.

However, in other highly-contested cases, it is more vital than ever that you obtain fierce legal advocacy with the help of Chase Family Law. You can rely on our attorney to be by your side every step of the way during your divorce, whether you need to pursue spousal support or defend against an unreasonable alimony request.

Calculating Spousal Support in Visalia

With a US divorce rate of 2.4 per 1,000 people, many spouses file for spousal support each year. In a spousal support case in Visalia, California, both spouses are required to provide their financial information. This information can come in the form of pay stubs, W-2 forms, or similar documentation. Across all spousal support cases, common factors may impact how the spousal support will be awarded, as well as the amount of support ordered.

These factors can include the following:

• Length of the marriage. In most cases, the receiving spouse can be entitled to more spousal support for longer marriages.
• Income and earning capacity. At the finalization of a spousal support case, the judge will also take into consideration both spouses’ ability to make a living and support themselves after the divorce. With the help of an attorney, these factors can be litigated.
• Health and age. If a spouse is older or is suffering from a medical or health condition, they may have a better claim to a spousal support award than a spouse who is healthy and young.
• Contributions to the marriage. In a marriage, both spouses can contribute through different means. These contributions can be materialistic, financial, or supportive. For example, one spouse may leave their career to become a stay-at-home parent so that the other spouse can focus on their career. At Chase Family Law, we can assist in determining how these marital contributions were made.
• Other factors. The judge assigned to your spousal support case can also look at various other factors, including your overall expenses, which spouse primarily cares for the children, the lifestyle that was maintained throughout the marriage to which you are now accustomed, and any joint or separate debts or assets.

Main Forms of California Spousal Support

The main purpose of spousal support in Visalia is to help make the transition out of married life easier and smoother for the lesser-earning spouse. For example, if one of the spouses primarily stayed at home to ensure the household ran smoothly and the children were taken care of, it might take this individual longer to enter or reenter the workforce and become self-sufficient.

In California, it is seen as unfair for the lower-earning spouse to have to suffer economic difficulty simply due to a divorce despite caring for the children and home throughout the marriage. In the state, there are two primary forms of spousal support that can be awarded in a divorce case or legal separation. They include:

• Temporary Spousal Support. This kind of spousal support can be similar to child support in the sense that the amount awarded will need to adhere to a strict formula. During any proceeding for seeking the dissolution of a marriage, the courts may order one spouse to pay any amount that is necessary for the support of the other spouse as both parties await the finalization of their divorce.

  Temporary spousal support can be requested as soon as a divorce case is opened. The purpose of this form of spousal support is to ensure that the lesser-earning spouse is able to maintain their usual standard of living during the pending trial and division of assets.

• Long-term Spousal Support or Post-Judgment Spousal Support. These orders are typically made at the end of a divorce case following a judge’s finalization of all issues involved in the case. This kind of support is awarded based on certain key factors, such as the duration of the marriage, the level at which one spouse contributed to the other spouse’s education or career, and the ability of the parties to support themselves.

Seeking Spousal Support Modifications Following an Existing Order

In California, the courts retain the ability to modify or terminate any spousal support order if either party’s financial situations change in a significant manner. If their circumstances have changed enough to warrant an official modification, that party can petition the courts to review the existing support order and modify it according to their request. The courts will consider only a certain set of changes in circumstances, including:

• One of the divorced parties has lost their employment.
• One of the divorced parties has had a decrease in income.
• Certain child custody arrangements have significantly changed.
• The minor children shared within the marriage have reached the age of maturity and have embarked on their own.
• Child support orders have ended.

You can also seek a spousal support modification if the spouse who is receiving these payments is no longer in need of them. For example, circumstances that would warrant this kind of change might include a receiving party found to be living with a new partner or having taken a new job. In these cases, you can petition the Superior Court of Tulare to modify or end the spousal support order.

FAQs

Q: What Is the Average Cost of Spousal Support in California?

A: It’s not possible to say what the average cost of spousal support is in California, as the state does not make this information available to the public. These payments are determined on a case-by-case basis, with courts relying on specific formulas to make decisions regarding alimony. It’s important to speak with your Visalia spousal support attorney to determine what payments you can expect to receive or make and how long they may last.

Q: What Money Is Untouchable in a Divorce?

A: In a divorce, money that is untouchable during property division includes any assets that are considered separate property. This covers money earned before marriage, inheritances received by one spouse, and gifts given specifically to one person. Money protected by a valid prenuptial or postnuptial agreement may also be excluded. However, if this money is commingled with marital property, it may not be protected. Keep in mind that these funds may still be considered for spousal support.

Q: What Is the 10-Year Rule in California for Divorce?

A: The 10-year rule for divorces is not a strict law, but it is a general guideline courts use for calculating how long spousal support lasts. A marriage lasting fewer than 10 years is generally considered a short-term marriage, meaning judges may impose spousal support for half the time the couple was married. For marriages lasting more than 10 years, the court may decide not to place any limit on how long spousal support lasts.

Q: Is Spousal Support Guaranteed?

A: No, spousal support is not guaranteed. Courts only award it when one spouse demonstrates financial need, and the other has the ability to pay. Judges evaluate factors such as income, earning capacity, length of the marriage, standard of living, and other circumstances. In some cases, especially when spouses have similar incomes or are both financially independent, no support order is issued at all. Even when granted, the duration and amounts can vary significantly based on circumstances.

Hire a Spousal Support Lawyer From Chase Family Law

It’s never easy going through a divorce, and the process can be even more stressful when you need to pursue spousal support. However, you may be entitled to payments that help you get back on your feet or maintain your standard of living. Hire a spousal support lawyer to give you the legal guidance you need to pursue the funds you deserve. An attorney can collect evidence to prove your financial need and represent you in settlement discussions or court proceedings.

The attorney at Chase Family Law is here to help with any issues related to spousal support. California’s alimony laws can be challenging to navigate on your own, especially when dealing with the emotional toll of going through a divorce. Luckily, you can turn to our experienced team to help you with your spousal support case. Contact our office today to learn more about our family law services and schedule an initial consultation.