Eastvale Spousal Support Lawyer

Eastvale Spousal Support Attorney

When the topic of divorce is broached by a couple, knowing what to do next is difficult for those who don’t understand the full extent of California law. Working with an Eastvale spousal support lawyer can help you navigate your divorce case with ease.

Table of Contents

Hire a Spousal Support Lawyer

The team at All American Law has over 30 years of combined professional experience. We’ve handled hundreds of family law cases in California and understand the stress involved. Our clients don’t come to us for happy reasons. They seek our counsel when they need support the most. We provide our clients with the knowledge they need to make informed decisions about their cases.

California Divorce Laws

In 2023, around 3,173 Eastvale residents were divorced. That same year, the average income for residents was $46,770. When handling such a drastic change and dealing with high amounts of money, it’s important to hire a spousal support lawyer to represent you during legal proceedings.

In California, a divorce can be filed if one spouse has:

Lived in the state for six months
Lived in Riverside County for three months

For Eastvale residents, divorce is overseen at the Riverside Family Law Courthouse, located at 4175 Main Street in Riverside. After your case is filed, you’ll then work with your spouse and their lawyer to resolve your divorce issues.

How California Courts Decide on Spousal Support in a Divorce Case

Spousal support is a financial payment given to one spouse from the other after divorce. These finances are to help the non-paying spouse become self-sufficient, especially if they spent the marriage maintaining the home and raising children.

When deciding spousal support, California courts look at many factors, including:

How long the marriage lasts
The age and health of each spouse, including any disability
Each spouse’s current job and income
Each spouse’s skills, education, and past work experience. They also consider the current job market in relation to the spouse’s work experience.
Each spouse’s ability to maintain the living standard they had during the marriage
How each spouse contributed to the other’s career or education
The supporting spouse’s ability to pay alimony
The needs and financial obligations of each spouse
Any history of domestic violence or abuse
Tax implications

How to Modify a Spousal Support Order

Support orders can generally be changed or stopped whenever the court thinks it’s necessary, unless the law or agreement says otherwise. However, if a request for modification is granted, any unfulfilled past support orders won’t be altered and must still be paid. A modification may retroactively apply to the date the request was filed, depending on the case. If support is lowered retroactively, the parent receiving support may have to return any extra payments they received.

Either spouse can request a modification to the current support order if there’s been a significant change in circumstances. This can include:

Promotions at work
Unemployment
New income
Changes in financial needs or obligations
Moving in with a new partner

When a support order is changed or ended, the court can order the losing party to pay the other party’s attorney fees and court costs. Spousal support can’t be changed if the parties have an agreement, either in writing or orally in court, saying the support is final.

FAQs

Can Temporary Support Be Granted While a Spousal Support Case Is Ongoing?

Temporary support can be awarded while a spousal support case is still ongoing. The court can also order one or both parents to pay support for a minor child, if needed. These orders are meant to cover necessary support during the case. If you require temporary support during your case, be sure to mention it to your attorney so they can help you file your request.

What Factors Disqualify a Spouse From Receiving Spousal Support in Eastvale, CA?

Certain factors can disqualify a spouse from receiving support in Eastvale, CA. If a spouse is financially independent, they may not qualify for alimony. If a spouse hides assets or makes fake claims about their financial needs, it can lead to reduced or denied spousal support.

Living with a new partner may also reduce support, since cohabitation suggests the spouse is less financially dependent. Prenuptial or postnuptial agreements can also disqualify a spouse from receiving support if they waive the right to alimony.

When Does Spousal Support Typically End?

Spousal support typically ends when payments have been made for half as much time as the marriage had lasted. However, for marriages lasting longer than 10 years, this rule may change. It all depends on the specific details of your unique situation. If either spouse dies or if the supported spouse gets remarried, support will generally end, unless a written agreement says otherwise.

What Happens if Spousal Support Payments Are Missed?

If support payments are missed, the legal consequences can be severe. Spousal support is treated as any other court order, and courts will enforce it if it’s not being followed. They can seize the property of the spouse responsible for payments or even hold them in contempt. A support order can’t be ignored if the spouse responsible for paying thinks it’s unfair or if they become unable to pay it. If they’re struggling to make payments, they must file a modification request with the court.

Are Spousal Support Payments Taxable?

Spousal support payments are not federally taxable but are taxable under California state taxes. The federal tax law changed on January 1st, 2019. Any support orders made after that date can’t be taxed on federal taxes. For state taxes, however, the spouse responsible for payments can deduct spousal payments from their taxes, and the receiving spouse must report spousal support payments as a part of their income.