Fresno Spousal Support Lawyer

Fresno Spousal Support Attorney

A Fresno spousal support lawyer can help you understand your rights and obligations when it comes to alimony in California. Whether you are seeking spousal support or being asked to provide support, the process can be daunting if you are unprepared. Decisions about spousal support have a direct impact on your financial future and can set the tone for your new life after separation.

From how much support is fair to how long support should be paid, you need an advocate fighting for your rights. At Chase Family Law, attorney Brian N. Chase can help you understand your legal rights, guide you through the process, and seek an arrangement that is fair and sustainable for everyone.

Hire a Spousal Support Lawyer

At Chase Family Law, clients benefit from the skill and insight of attorney Brian N. Chase, a Certified Family Law Specialist recognized by the State Bar of California. With over 30 years of experience and thousands of family law cases handled, Brian has an exceptional understanding of how California courts approach spousal support.

His background includes serving for more than five years as the Family Law Commissioner for Kings County Superior Court, where he decided numerous support matters. This unique perspective allows him to anticipate challenges, craft strong arguments, and guide clients toward fair outcomes.

Whether you are in Fresno or the surrounding areas, you can rely on his depth of knowledge to protect your financial interests during this critical stage.

Factors California Courts Consider When Setting Spousal Support

Data from the U.S. Census Bureau reports that in 2022, the divorce rate in California was 5.88 per 1,000 women who were 15 and older. With thousands of marriages coming to an end each year, divorce is a widespread issue. Understanding the factors the court considers can help Fresno residents prepare for how support might be determined in their own cases.

In California, the court must consider numerous factors when making a spousal support determination. Relevant factors, listed in Family Code Section 4320, include the requesting client’s and supporting spouse’s respective incomes and earning capacities, as well as the standard of living that was established during the marriage.

For clients in Fresno and throughout California, the court will also consider the length of the marriage and any contributions made by one spouse to the other’s education, training, or career. Each spouse’s age and health are also considered by the court, as is the supporting spouse’s ability to pay support and still meet his or her own financial needs, as well as the requesting spouse’s needs for support.

By thoroughly preparing and presenting financial records, testimony, and other evidence, Chase Family Law can help ensure the court has a full and accurate picture of your situation before making its decision.

Modifying or Enforcing a Spousal Support Order

Spousal support orders are not necessarily set in stone for the rest of both parties’ lives. A significant life event that changes the financial situation of either spouse allows for the modification of spousal support orders. California residents may request a modification of the order in the event of a change in circumstances, or they can enforce spousal support when it’s not being paid.

Before issuing an amended order, the courts must establish that substantial ongoing changes have occurred. Enforcement actions can also be taken to ensure that payments are made and that court orders are followed. Common reasons to seek a modification or enforcement include:

• Job loss or significant income change
• Retirement or reduced work hours
• Serious health issues impacting employment
• Cohabitation or remarriage by the supported spouse
• Nonpayment requiring garnishment, liens, or contempt proceedings

How Spousal Support Interacts with Property Division

Support and division of property are separate legal issues, but one can impact the other. California is a community property state, and division of property is usually equal unless it can be shown that equal division would be unfair or unjust.

When one spouse owns substantial income-generating assets like rental properties or investment portfolios, the allocation of property between spouses impacts their financial status, which will affect how the court determines support requirements.

Fresno residents must understand how the two issues are related so they can be prepared for either negotiation or hearings on these issues. Support orders and division of property should both be based on a true and accurate view of each party’s financial status. Precise reporting of your financial situation through detailing your income, assets, and liabilities supports equitable property division and spousal support decisions.

FAQs

How Is Spousal Support Determined in California?

Spousal support in Fresno is determined under California law, which considers factors such as each spouse’s income, earning capacity, length of the marriage, age, health, and standard of living during the marriage. Temporary support may be calculated using local guidelines, while long-term orders are tailored to the specific circumstances. The court’s goal is to create a fair and reasonable arrangement for both parties.

Can Spousal Support Be Modified?

Yes, in California, a spousal support order can be modified if there has been a change in circumstances. Some common changes that may justify a modification include job loss, retirement, an increase in income, or a change in financial needs. The request for modification can be made by either spouse, but they must provide evidence to support the change. The court will then review the new circumstances and decide whether to adjust the existing order.

What Happens if Spousal Support Is Not Paid?

If a spouse is not receiving support as ordered, the supported spouse may have several options for enforcement with the California court system. Possible remedies include wage garnishment, bank levies, property liens, or a contempt of court proceeding.

The arrearage also begins to accrue interest at a specified rate until the balance is paid in full. A paying spouse who starts facing financial trouble can prevent legal and financial consequences by promptly requesting a change to the support order.

Do Courts Use a Formula for Spousal Support?

California courts use a formula for temporary spousal support that considers the incomes of both parties. Permanent or long-term orders are based on various factors such as earning capacity, marital standard of living, and contributions to the marriage that are in California Family Code Section 4320. The final decision is based on what the court considers fair to both spouses.

Contact a Fresno Spousal Support Lawyer

At Chase Family Law, we represent clients in Fresno County family law matters, including spousal support cases heard at the Fresno County Superior Court. We offer consultations to help you understand your legal options, prepare your case, and pursue a fair outcome tailored to your circumstances. Contact us today.