Articles Tagged with lake county spousal support lawyer

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alimony obligationsAlimony obligations and California law. If you live in California and are struggling to make sense of California’s spousal support rules, you are not alone. There is plenty of opposition to having to pay alimony in the state, none more aggressive than the battle being waged by Steve Clark of Huntington Beach. 

Clark is on round two of his confrontation with state expectations, advocating for a ballot initiative that would place severe restrictions on the length of time a former spouse should be expected to make spousal support payments. As one might guess, Clark himself is divorced, and has been ordered to pay his former spouse one grand a month for the rest of his life. That, he says, is just plain unreasonable. He claims that if he had known there was a possibility of getting stuck with that kind of obligation a quarter century ago, he would never have tied the knot in the first place.

California Law

Under California law, spousal support, or alimony, may be ordered by a court under four specific circumstances:

  • Divorce;
  • Legal separation;
  • Annulment;
  • Domestic violence resulting in a restraining order.

The amount of spousal support is determined based on a number of factors, including:

  • Assets and debts accrued;
  • The financial needs and abilities of each partner;
  • Whether holding a job outside the home would impact childcare needs;
  • Whether one partner supported another while getting an education;
  • Whether one partner sacrificed a career in order to raise a family;
  • The health of each person involved;
  • Whether or not domestic violence is a factor.

Considerations Before a Judge

When determining the amount and/or length of alimony obligations, the judge generally considers a number of factors, including the workforce skills of the individual getting support, and his or her potential earning capacity. In terms of the length of time support obligations last, the law requires “a reasonable period of time,” which generally is considered to be half the length of the marriage. So, for a marriage that lasted five years, alimony payments might be for two and a half years. However, judges do have discretion to adjust the length of time as they see fit.

In the case of marriages that exceeded 10 years in length, judges frequently do not set an end date for alimony obligations. In such instances, it has the potential to go on until one or both parties die.

The California Alimony Obligations Ballot Initiative

Clark feels the lifelong commitment to caring for a former spouse is unreasonable, and is fighting to cap alimony payments at five years. Why, he asks, should alimony continue for a lifetime, when child support ends after 18 years? The petition needs 623,000 signatures in order to move forward. Continue reading →

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support PaymentsSupport payments in California. Leaving a marriage can be a difficult decision. It is not made any easier by the financial constraints associated with dividing a household. Living separately is obviously going to cost more, and in many cases that means both parties are going to have to adjust the living standards to which they have become accustomed. How are the financial decisions made in California divorce cases? If you are seriously considering divorce, it is time to see an experienced family law attorney.

How are Spousal/Partner Support Payments Calculated?

California Family Code section 4320 lays out specific considerations to factor in when determining how much spousal or partner support payment is appropriate:

  • Time: How long has the marriage or domestic partnership existed?
  • Need: How can each partner best experience an equivalent standard of living?
  • Liabilities: What debts will each partner keep?
  • Assets: Who, if anyone, will stay in the home? What other property is being divvied up?
  • Employment: Will both partners be employed, or will one have primary childcare responsibilities?
  • Previous career advancement: Did one partner support the other through school or licensing programs to propel a career?
  • Training: Will on partner need education or training in order to obtain meaningful employment?
  • Age/Health: Do one or both partners have particular health needs that must be addressed?
  • Domestic Violence: Was there mental or physical abuse in the relationship?
  • Tax Impact: Because tax laws do not recognize domestic partnerships, will tax implications be favorable or unfavorable?

Temporary or Permanent Spousal Support Payments

Temporary support payments may be assigned while a case is pending; judges typically use a formula specific to their own county to make a calculation for the appropriate amount. Once the case is finalized, “permanent” support payments may be ordered based on the factors listed above. Do not be fooled by the term permanent. In this case, it simply means the order becomes valid once the divorce is finalized. It may or may not have time limits.

Changing the Support Payments

Imagine that after the divorce, the person paying support loses a job, or the person receiving support payments inherits a windfall. Either individual may, at some future time, experience a significant change in financial circumstances, prompting a request to change the amount of support. If both partners agree to the changes, a simple stipulation written up and given to the court will result in a new order relatively quickly. On the other hand, if there is a dispute, the individual requesting the change must file a motion with the court. This is something that should be done sooner rather than later, as changes to the order cannot be made retroactively. Continue reading →

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Quasi-Community PropertyQuasi-community property, what is it and what effect does this classification have on the distribution of the marital estate during divorce proceedings?

Marital property, no matter what jurisdiction you live in, is any property that was acquired during the marriage. There are exceptions to this rule, however, but for purposes of determining what “quasi-community property” is, we will start with the premise that the property was acquired during the marriage and is not subject to any exception.

Community Property Law States vs. Equitable Distribution Jurisdictions

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spousal support payments, spousal supportHow are spousal support payments calculated in a California divorce? Ending a marriage can affect almost every aspect of your life, including your financial stability. In many relationships, one party chooses to forgo education or pursuing a career in order to support the other person’s ambitions. Even if this is not the case, some couples fall into “earner” and “caretaker” roles, particularly when there are children involved. This may result in significant economic inequality between the parties to a marriage, and may leave one spouse without any income absent judicial intervention.

Fortunately for some who people seeking a divorce, California law allows a court to order spousal support payments (or partner support payments, in the case of a domestic partnership) in order to provide for the financial needs of the party unable to support themselves financially. Spousal support payments can significantly impact both parties: the one ordered to pay and one receiving spousal support payments. Consequently, it is important for anyone involved in a divorce or other legal proceeding in which spousal support is at issue to discuss their case with an experienced lawyer as soon as possible.

How Are Spousal Support Payments Awarded?

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