Roseville Spousal Support Attorney

ROSEVILLE SPOUSAL SUPPORT ATTORNEY, Sara S. Thompson – Spousal support is the money that one party may be required to pay to the other. In a domestic partnership, this is called partner support. You may also hear some refer to spousal support as alimony.

Going through a divorce is a difficult time for people. Spousal support can be a subject that is highly contested. The person paying support is often concerned that they cannot afford to financially maintain their affairs if they are required to pay a large sum to the other party, and the person receiving support is typically worried they may not receive enough in order to make ends meet.

Understanding Spousal Support Laws in California

Spousal support or partner support can be requested as part of a divorce, legal separation, annulment, or domestic violence restraining order case. Spousal support can be ordered by the judge, or the parties can come to an agreement, which is signed by the court.

Spousal support can be ordered or agreed to while your case is ongoing and/or at the conclusion of your case. Support that is ordered while your spousal support case is ongoing is referred to as “temporary support orders.” Temporary spousal support is determined by using a formula.

Temporary Support Formula & Examples

Temporary support is typically calculated differently from final support orders because it often uses a guideline formula that many Placer County judges use as their starting point:

The Courts and Roseville spousal support attorneys use a program to calculate temporary spousal support.

California law permits judges to award temporary spousal support during divorce and legal separation cases. Temporary spousal support can be modified depending on the facts of your case. It is important to discuss modification of spousal support with a Roseville spousal support attorney.

For short term marriages, under ten years, the general rule is that a support order does not exceed one-half the length of the marriage. However, the judge has discretion to deviate from the general rule based on the specific circumstances of the case.

Final Spousal Support

Final support orders are ordered at the conclusion of your case. The judge does not use a formula to determine the amount of final support, but instead looks to what is referred to as “4320 factors” (California Family Code section 4320). Family Code §4320 considerations that influence spousal support orders include:

• Earning capacity and marketable skills. If one spouse should be able to support themselves with reasonable education or training, and how long it could take to get the necessary education or training
• The marital standard of living. At divorce filings, parties often look to this as some idea of what they may be entitled to. However, this is just one of many factors and is not a baseline promise.
• Each spouse’s ability to pay. This includes income and assets, plus debt and expenses.
• The needs and assets of each party. Including separate property, debts, monthly obligations, etc.
• The length of the marriage. Duration is an extremely important factor when courts determine how long support may be ordered to be paid.
• The age and health of each party. This refers to specific conditions that impact employability or needs that are very important.
• Whether childcare impacts either spouse’s ability to work.
• History of domestic violence. When present, this can dramatically impact spousal support.
• Tax consequences to each party. This is another way the payment affects each party’s bottom line.
• If feasible, encouraging self-support within a reasonable amount of time.

Due to the large amount of discretion awarded to judges by these factors, your final support order could look very different from someone else’s.

Since many Roseville judges issue temporary spousal support orders to help keep the parties financially stable during Roseville divorce cases, it’s helpful to know how these amounts are calculated. A Roseville spousal support attorney can help you understand these amounts.

If the marriage or domestic partnership is considered a “long-term” marriage/partnership, the court cannot provide an end date for the requirement to pay support. The general rule that support does not exceed one-half the length of the marriage is not the case in a “long-term” marriage. A marriage or partnership is considered “long-term” if it is 10 years or more.

If there is a change in circumstances after the support order is in place, either party can request a modification of support. Remember, until there is a new court order, the existing support payment is still required to be made to the other party.

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Support orders can decide the financial fate of spouses for years to come. When you hire a spousal support attorney, they can explain how guideline calculations differ from judicial discretion using the statutory factors. Furthermore, how support is evaluated locally can make a big difference.

You want an attorney who can help you seek realistic orders based on the marriage you had. We can discuss the fact of your case with you so that you are knowledgeable as you go through requesting or defending a request for spousal support.

Roseville spouses typically litigate their support matters in Placer County Superior Court – Roseville Branch at 10820 Justice Center Drive, Roseville, CA 95678.

It is important to discuss your options with an attorney. Call the Law Office of Sara S. Thompson, PC, to discuss your case and how we can help you with your spousal support needs.

ROSEVILLE SPOUSAL SUPPORT ATTORNEY, Sara S. Thompson – 530-285-4844