When a marriage comes to an end in California, both spouses must address a myriad of legal matters before their divorce can be finalized. One of these matters is known as spousal support, which requires one spouse to make payments to the other during or after their divorce. Whether you’re the spouse in need of financial support or you’re the paying spouse, you need to retain a Chino Hills spousal support lawyer before your proceedings begin.
Family law combines legal complexities with personal issues, often making matters like spousal support emotionally challenging. At All American Law, we understand how complicated divorces may become. That’s why we are devoted to listening to your needs and forming a legal plan that fights for your interests. Our family lawyers share more than 30 years of experience, allowing us to advocate for your rights, even in the most contentious spousal support cases.
Spousal support, which has long been known by the name of “alimony,” is a court-mandated payment that is made from one spouse to the other. Alimony is designed to provide financial support to one spouse either during or after a divorce, helping them to transition to living on their own. Generally, spousal support is granted when there is a large difference between each spouse’s income, but this decision is ultimately left up to a judge.
There are two main forms of spousal support that you may be presented with in Chino Hills:
In California, it’s crucial to understand that spousal support is not granted in every divorce. If you or your spouse believe you need spousal support, you must file an official request with your family court in Chino Hills, CA. If the requesting spouse is able to demonstrate that they require financial assistance or would be in vulnerable circumstances without aid, a judge will most likely require the higher-earning spouse to pay permanent spousal support.
A multitude of factors can impact whether or not spousal support is granted in your California divorce, such as:
After considering a variety of factors that can impact a spouse’s need for financial assistance, a spousal support judge will use a basic formula to estimate the total of your monthly payments. The formula is as follows:
40% of the high-earning spouse’s income (monthly) – 50% of the low-earning spouse’s income (monthly) = your monthly spousal support payment.
A judge also has the discretion to decide whether the calculated amount is too much or not enough. If you believe your judge made the wrong decision, don’t wait to talk to a spousal support attorney about your case.
A: Like other family law issues, spousal support cases often involve a lot of emotions and arguments. Regardless of how contentious your case may be, working with an experienced divorce attorney can ensure that your rights are protected. We can also offer you legal advice and support throughout your case, helping you find the most positive outcomes in each scenario. By working with a spousal support attorney, you’ll receive the guidance you deserve.
A: If you believe that an unfair decision was made regarding your spousal support order in California, you may have the right to appeal it. Generally, each spouse has the opportunity to appeal a decision after it’s made if they can demonstrate substantial grounds for review. However, if years have passed since your order was put in place, you cannot try to appeal it. Instead, if your circumstances change, you will have to request a spousal support modification.
A: Spousal support is not an automatic right. This means that it is not simply given out to spouses just because they are divorcing. If you believe you need spousal support, you and your lawyer must request it. If you and your spouse cannot make an agreement on alimony, the decision will then be given to a judge to settle in court. To receive spousal support, you generally must prove you need financial support to continue caring for yourself comfortably.
A: As mentioned above, spousal support is not automatically granted. This means that you don’t have to be married for a specific amount of time to qualify for it. Instead, any valid marriage that ends in divorce may qualify for spousal support if the need for it is proven.
When it comes to legal issues involving your personal life, it’s essential that you work with a family lawyer who you can count on. For dependable, effective spousal support services here in Chino Hills, contact All American Law today. Our team is always prepared to see how we can help.