Going through a divorce in Stockton can be a stressful experience.
There are so many issues involved in a divorce proceeding. One major issue that often complicates the process is spousal support. In order to protect your rights, regardless of whether you are giving or receiving spousal support, it is best to hire an experienced Stockton spousal support attorney.
At the Srai Law Office, we understand all the factors the Stockton family courts consider when deciding whether to award spousal support. If you are seeking spousal support, we understand how to position your facts so you receive the proper support. If you are being asked to pay spousal support, we have the experience to make sure that you do not pay more than what is required under the law.
Spousal Support in California
Spousal support is relatively uncommon. Only about 10 to 15 percent of divorces result in obligations to pay spousal support. Spousal support or alimony is a specified amount of money that the court orders one spouse to pay the other on a regular basis.
Spousal support can be ordered in a case involving:
- Legal separation
- A domestic violence restraining order
Types of Spousal Support
There are generally two different types of spousal support – temporary support and permanent support. Temporary support can be awarded to a party based on statutory guidelines until the end of the divorce. Temporary support is generally ordered to maintain the status quo until the end of the divorce.
Permanent or long-term spousal support is awarded when a divorce or separation is final. The court will determine the amount of spousal support depending on various factors.
Calculating Spousal Support
Calculating spousal support can be a complicated process. Most judges often use a formula to calculate the amount of temporary spousal support. The judge may also require the parties to attach a copy of 60 days of paystubs and previous tax returns with any motion for temporary spousal support. Our Stockton spousal support attorneys will look at the local Family Court rules to find out how the formula works in your county.
When making a final spousal support order, a judge needs to apply more than just a formula. The judge will need to consider all the factors listed in California Family Code Section 4320. These factors include:
- The length of the marriage or domestic partnership
- The needs of each person based on their standard of living during the marriage or partnership
- What each person can afford to pay to maintain this standard of living
- Whether having a job would make it too difficult for a parent to care for the parent’s children
- the age of each person
- The health of each person
- Joint and individual debts and property
- Whether one spouse or partner helped the other obtain an education, training, or professional license
- Whether the relationship involved domestic violence
- Whether one person’s career was affected by unemployment or
- the need to take care of the couple’s children or home
The federal and state tax impact of spousal support
Our legal team at the Srai Law Office will guide you through your divorce. We will compassionately help you through this difficult process. We will worry about your legal paperwork while you take care of your loved ones.
Mutual Agreeing On Spousal Support Payments
The judge is not the only one who makes decisions with regard to spousal support. You and your ex-spouse can also agree to the amount and duration of payments without involving the courts. This is called a stipulation. It can be done either on your own or with the help of a family law facilitator or mediator.
However, before reaching an agreement, it is important that you understand your legal rights. You should not allow yourself to be bullied into accepting less than you deserve or into paying more than the law requires. Once you and your ex-spouse reach an agreement, it should be put in writing into the form of an order that a judge can sign. This will allow the stipulation to be enforceable later.
Frequently Asked Questions About Restraining Orders
When you are dealing with a spousal support issue, it is common to have many questions. It is always important to speak directly with a spousal support attorney in Stockton about your case.
However, we understand that you may need quick answers to certain questions. Although the legal team at the Srai Law Office is available to answer your questions anytime, below are basic answers to some of our most frequently asked questions:
What if my ex-spouse remarries?
Spousal support generally ends when the party receiving the support remarries or registers a new domestic partnership.
What if my ex-spouse is intentionally avoiding work?
You cannot legally force your ex-spouse to get a job. However, you can ask the court to lower your ex-spouse’s support if he or she is not making any effort to look for a job.
What if I make less money?
If your financial situation changes, you can ask the court to modify or change your spousal support obligation. It is important that you or your Stockton spousal support attorney immediately asks for a modification as soon as your situation changes.
How can I learn more about spousal support?
To learn more about spousal support in Stockton, you can call us at (209) 323-5558 to speak with Attorney Gurjit Srai. He will answer your phone questions.
Contact an Experienced Stockton Restraining Order Attorney
If your divorce proceeding involves paying or receiving spousal support, it is best to hire the experienced spousal support attorneys at the Srai Law Office. We will make sure that all of your legal rights and options are protected.
For more information or to schedule a complimentary consultation with one of our Stockton spousal support attorneys, please call us at (209) 323-5558, or complete our online form