Huntington Beach Spousal Support Lawyer
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Huntington Beach Spousal Support Attorney
A lawyer is a vital resource if you are going through a divorce, as there are several aspects that must be resolved before the divorce can be finalized. The help of an experienced attorney can be immensely valuable and give you the advantage you need to create a successful future. This is especially true if your divorce could include spousal support. A skilled Huntington Beach spousal support lawyer can help you handle any spousal support concerns that arise.
At the the Law Office of Stacy L. Campuzano, we’ve helped many clients with spousal support issues. Our law firm is prepared to advocate for your needs.
Defining Spousal Support
Spousal support is court-ordered support made from one spouse to another in the aftermath of a divorce or legal separation. It can also be referred to as alimony. The purpose of this support is to help each spouse maintain their standard of living both during the divorce process and after the divorce has been finalized. Spousal support can be used to cover household living expenses, transportation, education, or healthcare.
Spousal support is usually ordered in cases concerning divorce, legal separation, or domestic violence. Oftentimes, a divorce attorney or a spousal support lawyer is needed to help. A lawyer can ensure your legal rights are protected and that you get the result you rightly deserve.
Types of Spousal Support in California
Spousal support can be ordered in two main forms: temporary and permanent.
Temporary support. This form of support is paid while the divorce proceeding is ongoing. If you are a spouse going through a divorce, you can request the court to grant this support to help you while the case progresses until a permanent order can be issued. It may be requested as soon as you file the case.
There are certain limitations that can be placed on this type of support, and an experienced spousal support lawyer should be engaged to help clarify things. Also, a modification may be necessary if circumstances change.- Permanent or long-term support. Permanent support orders can be awarded at the conclusion of the divorce or legal separation proceeding. This support is paid from the supporting party to the supported party. It’s intended to support the lower-earning spouse until they can become self-supporting. The court may order one spouse to pay support to the other for a specific amount for a specified duration deemed reasonable and fair.
Spousal Support Provisions
When awarding permanent spousal support, the court will usually provide a warning to the supported party that the support is intended to last until they become self-supporting. This is why it’s sometimes called rehabilitative alimony. It’s meant to allow spouses time to adjust to their new lifestyle and obtain any necessary training, education, or career experience they need to financially support themselves. To that end, some provisions that courts could issue are:
- Spousal step-downs. It’s common for spousal support payments to decrease at scheduled times based on supported evidence of the receiving spouse earning more. This provision can be helpful in tracking the receiving spouse’s progress toward self-sufficiency.
- Vocational evaluations. The spouse receiving support may be ordered to undergo vocational evaluations by a trained counselor to assess their ability to get the kind of job required to maintain the standard of living they had during the marriage.
- Conditions that could end support. The court could issue specific conditions that would end the support. For example, an order may be issued that states the receiving spouse loses support if they are no longer attending vocational training or a college.
- Reservation of jurisdiction. Spousal support orders are typically issued with an accompanying date and time when the support will end. However, the court maintains jurisdiction or legal authority to issue further support if deemed necessary. This ensures that if something unexpected happens that could undermine the receiving spouse’s ability to support themselves, the court could readjust the support duration to something fair and reasonable.
How a Spousal Support Lawyer Can Help You
A spousal support lawyer can help you in several ways. The service of a lawyer could make a significant difference in the success of your case. A lawyer can start by assessing the situation. The lawyer will consider your earning capacity, income, marital assets, and if any children are involved. This could all affect the amount of support. After that, they can help you get a clear understanding of your legal rights and how they apply to your case.
A lawyer can also help you draft up an amicable payment plan for you to review with your spouse. Additionally, if you have a spouse who’s being uncooperative or is not adhering to the already established payment plan, a lawyer could be brought in to help negotiate.
A lawyer’s service may also be needed to help contest alimony payments that you consider unfair or unjust based on the circumstances. Ultimately, a lawyer can help you and your spouse come to an amicable payment agreement and make sure you understand the eligibility requirements for spousal support. It’s likely that your spouse will engage legal counsel to represent their interests, so you should have quality legal representation for yourself to handle the negotiation process.
Do I Need a Divorce Attorney for a Spousal Support Case?
While it’s not legally required that you have an attorney for a spousal support case, it is highly recommended. Among the many benefits of having an attorney on your side, some of the most important ones are:
- Unconscious bias. You need someone who is unbiased in their legal advice. A lawyer can truly protect your interests by creating a plan without any emotion tied to it. If you are relying solely on advice from family members or other people heavily involved in the situation, you may not get the proper guidance you need.
- Complex legal issues. Spousal support cases and modifications that may come afterward can be complex legal issues. A seasoned lawyer with experience in California spousal support is necessary to have on your side for these instances.
- Modifications. It can be difficult to modify a spousal support order, but it sometimes takes an experienced lawyer to modify one successfully.
Modifying a Spousal Support Order
In California, either spouse can request a modification order for spousal support from the court. A valid reason is required for it to be approved. An experienced spousal support lawyer can be a useful resource for helping you prepare a modification petition to the court.
While the court will consider any legitimate reason to modify an order that is brought forth, some of the most commonly seen reasons for spousal support modifications include:
- The receiving spouse remarries.
- The receiving spouse no longer needs the support.
- The paying spouse is incarcerated.
- The paying spouse experiences a significant decrease in their income, whether temporary or permanent.
- The receiving spouse does not make a good faith effort to become self-supporting.
- Income or assets were misrepresented during the divorce proceeding, therefore affecting the true amount of spousal support needed. This misrepresentation can happen on the part of either spouse.
When it comes to modifying a spousal support order, the burden of proof lies with the requesting spouse. An attorney can help walk you through the modification request process.
Modification Process
The process for initiating a modification can be created as follows:
- Complete the appropriate court forms. This usually includes a request for order and income and expense declarations.
- Have the documents reviewed by the court’s family law facilitator.
- File the documents with the county court clerk.
- Obtain a court date.
- Serve the documents to the other spouse.
- File a proof of service.
- Attend the court hearing.
Your lawyer can file the necessary documents on your behalf. The court will assess the evidence presented and issue a decision on whether the spousal support order will be modified or not.
How Long Does Support Last?
As a general rule, spousal support in Huntington Beach, California will last half the length of the marriage. For example, if a marriage lasts twelve years, the spousal support will typically last six years. This rule applies to marriages that lasted less than ten years. For marriages that lasted longer than ten years, the court may order the paying spouse to provide spousal support until deemed no longer necessary.
The paying spouse will likely be ordered to continue making payments until it can be proven that the receiving spouse can support themselves or until they remarry.
How Child Custody Affects Spousal Support
The court will consider child support and child custody before ordering spousal support. The amount of support will be influenced by the number of minor children involved and the custody arrangement in place. Working with an experienced attorney is a great way to prepare for this situation.
FAQs
How Much Does a Spousal Support Lawyer Cost in California?
The cost of a spousal support lawyer in California can vary depending on a variety of different factors. Typically, the more complex the case is, the more expensive it will be. The location and experience level of the lawyer will also be major factors. Additionally, you should consider the lawyer’s fee structure. Some lawyers charge an hourly fee, and some may charge a flat fee for their services. Finally, if your case proceeds to court, the costs could increase.
What Is the Difference Between Temporary Support and Permanent Support?
One of the main differences between temporary support and permanent support is that temporary support is generally granted while the divorce or legal separation is going through the court system. Before a final judgment can be entered, the economically disadvantaged spouse can utilize temporary support to sustain their standard of living. It’s meant to help the spouse while the divorce proceeding is pending.
Permanent support is ordered once the divorce or legal separation has been entered. It will be paid until ordered to stop.
Why Does the Law Allow for Spousal Support?
The law allows for spousal support because sometimes, in a marriage, one spouse has a greater earning capacity than the other. The California Family Code recognizes this and aims to help ensure each spouse can maintain their standard of living post-divorce or separation. Spousal support is meant to be paid from one spouse (usually the higher-earning one) to the other (the less economically advantaged one). Parts one through five of the California Family Code govern spousal support in California.
How Is Spousal Support Calculated in California?
Spousal support, also known as alimony, is calculated by examining several different factors. One of the most important factors that will be examined is the length of the marriage. Longer marriages tend to yield higher amounts of support.
Additionally, the spouse’s earning capacity, assets, and ability to earn future income will also be important factors. If there are children involved, then child custody will be an additional layer to consider. Finally, each spouse’s age, health, and overall needs will be considered.
Could a Domestic Violence Charge Affect My Spousal Support Payments?
A domestic violence charge could and likely will affect spousal support. The court will consider several factors when determining spousal support. This includes any history of abuse or domestic violence. It could affect the amount, nature, and duration of the support. If you have a domestic violence conviction on your record and you have questions regarding how it may affect your spousal support case, you should speak with an experienced attorney for help. An attorney can review your case and provide legal guidance.
Get the Legal Support You Need From the Law Office of Stacy L. Campuzano
Spousal support cases can be difficult to understand and navigate without the support of a spousal support attorney. There are several elements that could complicate the case and change the outcome. Things like child support, child custody, the length of marriage, the financial position of each spouse, and any history of abuse or violence will all be considered. It can be challenging to sort through this process without qualified and professional legal representation.
The legal team at the Law Office of Stacy L. Campuzano is ready and able to help. We have extensive experience representing California residents in spousal support cases. You can lean on our resources, knowledge, and experience to help you get the outcome you deserve. With our compassion, dedication, and determination, you can rest assured that you’re getting the quality legal support you need. Contact us today at our office.
