Thousand Oaks Spousal Support Lawyer

Thousand Oaks Alimony Attorney

Spousal support, sometimes known as alimony, can be ordered after a divorce or legal separation when one spouse earns significantly more than the other. A Thousand Oaks spousal support lawyer at McFadden Family Law & Mediation will help you understand this complex area of the law and determine whether spousal support is appropriate in your situation, and if so, how much and for how long.

The purpose of spousal support is to help the supported spouse meet their financial needs after a marriage ends. Spousal support is intended to help both parties maintain the marital standard of living as much as possible, but in reality, it is not usually possible for either party to enjoy the marital standard of living after a divorce because the income that used to support one household will then have to support two.

What is legally known as “temporary spousal support” can be ordered immediately after separation and is intended to help support the financially needy spouse pay their living expenses during the dissolution process, which may take months or even years to resolve. It is calculated according to a legal guideline formula using a software program called a DissoMaster, which McFadden Family Law & Mediation will use to help figure out the appropriate amount in your case. While a variety of factors can cause variations in the exact amount, it is approximately 40 percent of the higher earning spouse’s net income, minus 50 percent of the lower earning spouse’s net income.

The law expects that in most cases, the supported spouse will make efforts to become financially self-supporting so that spousal support in Thousand Oaks, CA can eventually be reduced or terminated. It may take time for the supported spouse to pursue the education or training necessary to become financially self-sufficient, and if they are caring for young children, this may affect their ability to work, but there is a legal expectation that both spouses will seek employment to provide financially for themselves and their children at their earning capacity. In some situations, a Court will impute income to the supported spouse at the minimum wage or another level if it believes that person has the ability and opportunity to work but is not doing so. In other situations, a party may seek the services of a vocational evaluator to determine how much income the other party is capable of earning based on their skills, education, experience, interests, and other factors.

Key Factors in Determining Spousal Support in California

When a final judgment of dissolution or separation is ordered, the DissoMaster formula for spousal support no longer applies, and the law requires that an appropriate amount of spousal support is to be determined by 14 different factors:

1. the extent to which the earning capacity of both parties is sufficient to maintain the marital standard of living;
2. the extent to which the supported party contributed to the attainment of the education or career of the supporting party;
3. the supporting party’s ability to pay;
4. the needs of each party based on the marital standard of living;
5. the obligations and assets, including separate property, of both parties;
6. the duration of the marriage;
7. the ability of the supported party to engage in gainful employment without unduly interfering with the needs of dependent children in their custody;
8. the age and health of the parties;
9. a documented history of domestic violence;
10. tax consequences to each party;
11. the balance of hardships to each party;
12. the goal that the supported party shall become self-supporting in a reasonable period of time;
13. the criminal conviction of an abusive spouse; and
14. any other factors the court determines are just and equitable.

Types of Spousal Support in California

In California, there are many different types of spousal support that can be ordered in a divorce. The type of spousal support will usually depend on the circumstances surrounding the marriage. Common types of support include:

• Temporary spousal support. This type of support is granted during a divorce or separation so that the lower-income spouse can keep his or her financial health intact until a final settlement is made. Temporary spousal support provides financial support for short-term living costs and can be calculated using specific guidelines.
• Rehabilitative support. This kind of support is provided to empower the recipient spouse to learn a skill or education to become self-sufficient. It typically covers tuition fees, apprenticeship, or other educational requirements. Rehabilitative support is typically timed to correspond with how long it takes the spouse to complete their education or training and find a job.
• Permanent/long-term support. Long-term spousal support is granted when the surviving spouse may never become independent on their own because of age, illness, or some other reason. It can last several years, depending on how long the marriage lasted and other factors. Permanent spousal support payments usually follow long-term marriages, especially those lasting more than 10 years.
• Reimbursement support. This form is less common but occurs when one spouse invests heavily in the other’s schooling or career. The sustaining spouse may be paid for their financial and personal effort in assisting the other spouse to reach professional success.
• Lump-sum support. In some cases, the court may order one spouse to pay the other in one lump sum instead of making payments over time. While this is a less common occurrence, some couples opt for this option to avoid making modifications in the future, especially if the paying spouse has the means and assets to make the one-time payment upfront.

Preparing for a Spousal Support Case

Being prepared before a spousal support case is essential and can make all the difference. The first step is collecting full financial records. It includes income statements, tax returns, bank accounts, and detailed monthly bills.

These documents help paint a realistic picture of the two parties’ financial condition. For the supported spouse, it is imperative to build a budget outlining living costs. This serves to determine how much spousal support is needed and what level of support is needed to maintain a reasonable lifestyle.

An attorney can guide you, file the paperwork for you, and stand up for your interests in the legal process. Preparation for negotiation or mediation is also imperative. Having realistic financial goals and open communication can help the process go faster and avoid conflict.

Common Issues Surrounding Spousal Support

Every spousal support case is not as easy and straightforward as it could be. In some cases, issues arise that must be worked through. Some common issues that arise in spousal support cases include:

• Dishonestly reported income. The most controversial matter is whether the supporting spouse reports income accurately. Others might try to conceal or omit earnings in order to lower their spousal support payment. Forensic accountants can be hired to discover the real financial status of the supporting spouse.
• Earning potential disagreements. Courts tend to take into account the income of both partners. The court may assess income based on the ability of the supported spouse to work if he or she is unemployed or underemployed. This can become a contentious situation, especially if the spouse states that they cannot obtain work.
• New partner or spouse. In the event that the surviving spouse moves in with a new partner, the supporting spouse might request a reduction or suspension of spousal support. In California, spousal support can be modified if cohabitation makes the beneficiary financially better off.
• Modification requests. The spousal support orders can be changed or ended if the situation changes dramatically – including job loss, retirement, or remarriage. Yet, proving such a major shift can be difficult and costly. It can also bring contention between the two ex-spouses in some situations.
• Length of time for support. It is common to disagree about the duration of spousal support. The duration can be affected by factors including the length of marriage, the supported spouse’s ability to support herself or himself, and shifts in conditions.

Modifying or Ending Spousal Support in Thousand Oaks, CA

The duration of spousal support can vary. When a marriage has lasted less than 10 years, spousal support is typically paid for no more than one-half the length of the marriage. When a marriage has lasted more than 10 years, spousal support is typically ordered to be paid indefinitely until the support spouse remarries, either party dies, or the court orders it to be reduced or terminated due to a change in circumstances, such as retirement, job loss, or a change in need. Spousal support is complicated area of law, and it is a good idea to hire a professional to help you understand your rights.

How a Spousal Support Lawyer Can Help

An experienced attorney can tailor a plan whether you need assistance or want to minimize your obligations and will work through mediation to settle things for you with an early, non-contentious settlement. They will represent you, provide testimony, and stand up for you if the case is taken to court. An attorney can also help with post-judgment adjustments to make sure that your spousal support payment plan can keep up with any dramatic change in your circumstances.

FAQs About Thousand Oaks,CA Spousal Support Law

Q: What Disqualifies You From Spousal Support in California?

A: Spousal support can be withheld if the spouse who asks is self-supporting, does not need more than they are receiving, or is living together with a new spouse, causing them to not require support. Also, if there is some sign of misbehavior, such as concealing income or assets, or the marriage was brief, support can be withheld.

Q: What Qualifies You for Alimony in California?

A: In California, one spouse must show need in order to receive alimony, often through a difference in income. The factors that influence the outcome of spousal support range from marriage duration, contribution to the other partner’s profession, marital quality of life, and the supported spouse’s potential to self-support through work or training.

Q: Does The Husband Have to Pay for the Wife’s Divorce Lawyer in California?

A: California allows either spouse to request the other pay their lawyer’s fees when there is a significant income or financial imbalance between the two of them. Often, the court will require the better-paid spouse to pay attorney fees so that both parties have access to adequate legal counsel during the divorce process.

Q: How Can I Get the Most Spousal Support?

A: To secure maximum spousal support, keep detailed records of financial needs and household activities during the marriage. You should provide clear evidence of any income gap and make efforts to become independent if you can. Also, hiring a skilled attorney to negotiate your support or represent you in court can have a dramatic impact on the amount.

Contact a Thousand Oaks Spousal Support Attorney Today

Need help with spousal support? Our experienced Thousand Oaks attorneys are ready to guide you through the process. Contact McFadden Family Law & Mediation today for a free consultation and get the support you deserve.