Spousal Support and Alimony
Whether you are in need of spousal support to supplement your living or if you need to protect your assets against the issuance of an unsurmountable spousal support order, my experience will audit all the pertinent facts that may affect a spousal support award or protect your rights either through negotiation or in court.
There are two types of spousal support – “temporary,” or “post-Judgment,” support.
The two types of support serve completely different purposes. Temporary support is intended to maintain the status quo in order to provide stability for both parties at the outset of a divorce action. Temporary support addresses the facts and circumstances of the parties at the time that a request for support is made. Typically, in California the court will plug the applicable figures into a computerized support software, and the amount that the program recommends is normally what is ordered. Temporary support will be paid until such time as the Judgment of Dissolution is entered. It is subject to modification.
Post Judgment support, however, is based on an analysis of a variety of factors found in the Family Code, and takes a longer view of the marital relationship when deciding on the appropriate amount of support to be paid.
Though the term “permanent” is frequently used to describe post Judgment support, spousal support orders are rarely truly permanent. The court usually styles an order for support to diminish over a set period of time and end upon a specific date. Certain various factors the court must weigh when awarding post Judgment support.
Factors a court evaluates in determining post Judgment support include the following: Each spouse’s income; Length of the marriage; Age and health of both spouses; Spouse’s marketable abilities; Standard of living during marriage; Debts and resources of each spouse; If one spouse quit his/ her job to care for children; If one spouse paid for the other to attend school; Earning power and ability to pay spousal support; Disrupting the care of the children; As well as any history of domestic violence.
Obtaining the Highest Support Order
The correct amount of income that goes into a calculation is complex, especially when a spouse is a business owner, is self-employed, or has worked for multiple employers. Income from investments must also be entered. The Family Law Guru is knowledgeable in all aspects of evaluating income available to pay support,
Opposing Unmanageable Spousal Support
The Family Law Guru is skilled at defending against uncontrollable spousal support awards. If you are affected that a spousal support request does not accurately reflect the economic realities of your economic state, I will assist you in educating the court with the relevant facts to the spousal support decision, and make sure that you get all of the deductions that you are entitled to.
Modifications of Spousal Support Orders
Things change. If your situation has changed and a spousal support order needs to be modified, The Family Law Guru is exceptionally skilled at Post judgment modifications or enforcement of orders.
Contact us for a Free Consultation to review what the Law Office of Vanessa Gnekow can do to help you with your circumstances at 909-481-5350.
The Law Office of Vanessa Gnekow is able to provide Family Law Services to all of California, with a focus on the Cities of Rancho Cucamonga, Upland, Fontana, Ontario, and San Bernardino, Los Angeles, Orange, and Riverside Counties.