In a California Divorce, there are two types of support, temporary spousal support, and permanent spousal support. When a couple legally separates or divorces, the court may order one spouse to pay the other a certain amount of support each month for the purpose of maintaining the former spouse at a standard of living similar to that enjoyed during the marriage. Whether you wish to receive temporary spousal support order or a permanent spousal support order you should speak with an experienced family law attorney.
Temporary spousal support is awarded to a spouse while a divorce is pending. It is often awarded when one spouse is unemployed or earning significantly less than the other spouse. The Court may order payment of temporary spousal support consistent with the requirements of subdivisions (i) and (m) of Section 4320 and Section 4325 of the Family Code. Such temporary support is generally calculated using the Dissomaster support calculator and is determined in the same way as child support in California. When advising you, attorney Teresa Beyers will carefully review your situation and provide you with an objective assessment of your legal options.
Permanent spousal support is most accurately referred to as post-divorce judgment support. It is a much more detailed process with many factors to be considered. These factors include:
It is important to seek legal advice from an experienced family law attorney like Teresa A. Beyers, so you can be informed and better understand your rights and legal responsibilities as a party to a family law support case. In cases where neither party needs spousal support at the time, the Court may reserve jurisdiction to order spousal support in the future in the event of serious illness, disability, and loss of employment, or any other such changes. For example, the Internal Revenue Code provides that all spousal support payments are tax deductions by the paying spouse and taxable to the recipient spouse as “ordinary income”.
In a spousal support case, the financial stakes can loom large, particularly if the existing temporary order calls for the provision of permanent spousal support. Teresa Beyers provides vigorous representation in family court. From the start of your case to its conclusion, Ms. Beyers will work diligently to protect your rights and interests.
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