Long Beach Spousal Support Lawyer
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Long Beach Spousal Support Attorney
If a married couple decides to legally separate or divorce, they must make agreements on a collection of affairs before they can move forward. These topics can include child support payments, child custody arrangements, and spousal support (alimony) orders. Spousal support differs from other general divorce matters because it is not mandatory when a couple separates. To discover more about your rights to spousal support in Long Beach, CA or if you should be required to pay it, make sure you discuss your concerns with an experienced family law lawyer like Stacy L. Campuzano.
Spousal Support Attorneys Committed to Your Case
The legal aspects of any separation can be difficult to understand and emotionally overwhelming. This often leaves spouses feeling helpless as to what they can do to get through their situation. At the Law Office of Stacy L. Campuzano, we understand that most family law cases put our clients in a vulnerable position. That’s why when you work with our team, you will receive empathetic, calculated representation for issues ranging from alimony to paternity. Whether you’re unsure if you’re eligible for spousal support or you’d like to have an order enforced, the Law Office of Stacy L. Campuzano offers services that can help.
The Basics of Spousal Support in California
Understanding what spousal support is and the laws California has in place around it can help make requesting or disputing it less complex. Spousal support is a payment that can be requested by one spouse who believes they need financial assistance during or after a divorce. Alimony is not legally required by the state of California. This means a requesting spouse must be able to demonstrate to a judge that they need financial help or that without it, the divorce would be unfair. In a majority of marriages across California, one spouse was the breadwinner or made considerably more money than their partner. Therefore, in many cases, spousal support is ordered to help one spouse as they transition to living on their own.
The Forms of Alimony
Spousal support can come in varying forms, depending on why it is needed and how long it is needed. If you’re requesting or paying alimony in Long Beach, you may come across the following two orders:
- Temporary Spousal Support Orders
Sometimes the lower-earning spouse may need financial help while their case is still being finalized. When this occurs, they can request temporary spousal support to provide them with assistance for the time being. If an individual is granted temporary alimony, they can begin receiving payments almost immediately to help them with the expenses of living on their own. However, temporary spousal support orders are only designed to provide aid during an active case. This means once your divorce or legal separation is finalized by the court, you would have to request an update to your order or an entirely new one. - Long-Term Spousal Support Orders
After legal separations and divorces become official, this is when long-term spousal support orders can be implemented. Long-term spousal support, which is sometimes referred to as “permanent,” is meant to last the requesting spouse for a specific, extended period of time. This can range anywhere from a few years to 10 or more years, depending on what the court sees fit. Some spousal support orders are made to assist the requesting spouse through school or to help them get a new job, while others are designed to help them meet the same standard of living after a divorce.
Do You Qualify for Spousal Support in California?
Spousal support is not a given with every divorce or legal separation. Unless the court specifically sees a disproportional benefit between the separating partners, one spouse has to request spousal support if they believe they qualify. To be eligible for receiving alimony in California, you must be:
- Legally married and going through a divorce or separation
- The lower-earning spouse
- Have a sufficient reason that demonstrates your need for support (I.e., to meet your marital standard of living, to receive job training, or to help you with general expenses as you transition.)
What Does a Judge Consider When Determining Spousal Support?
It is meaningful to note that California offers separating couples the chance to address spousal support outside of court, just like other divorce matters. If both parties can come to an agreement they both see as fair, whether through mediation or on their own, they can submit those terms to a judge to be approved. If both parties cannot agree or the separation is already highly contentious, the decision will be handed over to the family court instead.
When a judge considers a spousal support request, they are required to look at a diverse range of factors from each relationship. If you or your spouse requested alimony in Long Beach, the court may assess:
- How long the marriage lasted
- Each spouse’s income during the marriage
- Age of each spouse and the condition of their health
- The marital standard of living
- Earning capacity of each spouse
- The ability of a spouse to make these payments
- How significant the need of the requesting spouse is
- If children are involved in the marriage
- How much debt was acquired by each spouse during their relationship
- The amount of property each spouse owns
- If domestic abuse was present
How Is a Spousal Support Payment Calculated in Long Beach?
The method in which a judge calculates alimony payments in California is based on which type of support was granted. With temporary spousal support, a judge generally requires payments that help the requesting spouse maintain the standard of living they had during the marriage. However, it’s not always possible for one spouse to keep up with the previous standard of living for two separate people. This is why the state often uses a basic formula to calculate temporary spousal support.
The formula is (40% of the higher-earning spouse’s net monthly income) – (50% of the lower-earning spouse’s net monthly income) = monthly spousal support payment.
With long-term support, calculating monthly payments isn’t always as simple. Because long-term alimony can be requested for a variety of reasons, the ultimate decision on the amount paid must be determined by a judge. Instead of using a formula, the family court considers the lengthy list of relationship factors detailed above. They will also consider why spousal support is needed.
What Can a Spousal Support Lawyer Do for You?
Going through a divorce or separation can leave you feeling powerless. Whether you’re overwhelmed by the conflicts between you and your ex-partner or you’re worried you won’t receive the spousal support you need, hiring a family law attorney should be the first step you take. Requesting, modifying, or fighting spousal support requests involve legal proceedings that can be navigated most efficiently by divorce lawyers. At the Law Office of Stacy L. Campuzano, we know that asking for help can be intimidating — especially when it has to be done in court. We offer representation that helps you properly navigate an alimony case in Long Beach so that you have a better chance of receiving your desired outcome. Don’t try to handle the stress of a divorce on your own and seek assistance from a law firm you can trust.
Can You Have a Spousal Support Order Modified After It’s Official?
If you’re looking to modify a spousal support order in California, you have two main options. Your first option is that you can reach out to your ex-spouse directly and discuss potential changes that you see as beneficial. If you can both agree on these changes and collectively write new terms, you can submit a request for modification with your local family court.
If you don’t think that you and your ex-partner will be able to agree on changes, you can also try to request modifications through the court. To do this, you’ll have to fill out an official “Request for Order” form. In this document, you must be able to demonstrate that there have been significant changes in your life or financial situation that prevent you from paying the current amount or that make you believe you should be receiving more. You should include any documents or information that you think can support your claim, helping to give you a stronger chance of having your request granted.
Spousal Support and Family Law Services in Long Beach
Spousal support is just one of the many complex legal areas that our firm covers. At the Law Office of Stacy L. Campuzano, our team of hand-picked staff members is devoted to our clients. We know that every family law case has a big impact on your life, which is why we offer representation centered around the individual concerns of each client. Whether you’re looking to request spousal support in your current divorce case or you’d like to have an order enforced, the Law Office of Stacy L. Campuzano has the experience needed to assist you. To schedule an initial consultation with a member of our team, contact our office today.
