Spousal Support Lawyer Walnut Creek CA
Talk to the skilled Spousal Support Lawyer Walnut Creek CA trusts, call the Law Office of Ariel Brownell. We know that few topics in family law conjure up such tense emotions as spousal support due to the fact that emotions can run high. The modern concept of spousal support is that a higher earning spouse will make payments to the other spouse after a divorce for the purpose of maintaining the former spouse’s standard of living maintained during the marriage. Permanent spousal support, more correctly referred to as post-judgment spousal support, will continue for a specified period of time either agreed to by the parties or determined by the court.
Temporary Spousal Support, more correctly referred to as pre-judgment support, is calculated differently. Temporary support payments occur in the time after separation and before a final court judgment has been reached.
During the pendency of any proceeding for dissolution of marriage or for legal separation of the parties, the court may order a spouse to pay any amount that is necessary for the support of the other spouse (California Family Code Section 3600, subject to limitations in subdivisions (i) and (m) of Section 4320 and Section 4325, where a spouse who has been the victim of abuse will not be ordered to pay support to their abuser). This support is commonly referred to as “temporary spousal support” or sometimes “Pendente Lite” support.
Different rules apply to how temporary support is calculated vs. permanent spousal support, and when making an order for temporary support, the court’s main concern is the relative income circumstances of the two parties.
Like child support, the formula for calculating temporary support is complex and courts and attorneys almost always use software called Dissomaster to calculate the amount of support the higher earning spouse must pay to the lower earning spouse. It is important to note that the court has broad discretion to deviate from the spousal support amount specified by these types of programs. This is why it is crucial you contact a spousal support lawyer to get the best outcome for your specific circumstances.
Some spousal support considerations include:
- There do not need to be children of the marriage for an order of temporary spousal support to be made.
- Temporary spousal support is usually higher than permanent spousal support;
- Permanent support, or post-judgment support, cannot be calculated using Dissomaster. All factors in Family Code section 4320 must be considered;
- If a spouse could be earning an income or has the potential to earn a higher income, they may be imputed with income or a higher income for the purpose of the calculation;
- The non-earning spouse may also be issued with a warning known as a “Gavron warning” requiring them to make a genuine effort to become self-supporting and to produce evidence of their attempts, for example, job search logs.
Several factors go into calculating temporary and permanent spousal support. There are also a tremendous number of exceptions that may affect your situation greatly. Whether you are a spouse concerned you’ll have to pay too much, or you are concerned about how you are going to survive after leaving, trust the Spousal Support Attorney Walnut Creek CA counts on, call the Law Office of Ariel Brownell to take the uncertainty out of the process, help you understand your rights, how to protect them, and help you navigate to a fair resolution.