Experienced Spousal Support Attorneys in Rancho Cucamonga
Petition to Establish a Parental Relationship
Spousal support, or alimony as it is commonly called, is financial support that may be available to one of the two parties to a marriage. The Rancho Cucamonga spousal support attorneys at the Law Office of Taylor B. Warner in can help with establishing, enforcing or modifying a spousal support order from an ex-husband or ex-wife. Spousal support can be ordered soon after filing for a legal separation or filing for dissolution, and the order can continue beyond a Judgment of Dissolution. There are two types of orders – a temporary order or a permanent order. A number of factors are considered when determining which spouse will pay spousal support and the amount of money to be paid. A permanent order of support is based on the factors laid out in California Family Code section 4320. Some of these include the length of the marriage, the age and physical health of the parties, the martial standard of living, the income of both parties, the education and marketable skills of the supported party. Establishing spousal support payments and designating who is to pay the spousal support is often a difficult and time-consuming proposition.
After filing for dissolution or legal separation, either party can file a Request for Order (FL-300) requesting an order of support (Cal. Fam. Code § 4320). Once the proper documentation is filed, the court clerk will give the party requesting support a court date. After receiving the court date, the requesting party must serve the other party with the Request for Order.
At the hearing, the court will order temporary spousal support retroactive to the date the Request for Order was file or to the date of the hearing. However, in some cases, the court has the discretion to make the order of support retroactive to the fate of the filing of the Petition for Dissolution or Legal Separation. However, retroactivity is not guaranteed and the need must be demonstrated to the court in the Request for Order.
Generally, temporary support is based on the payee’s need and the payer’s ability to pay (Cal. Fam. Code § 3600). Temporary spousal support is intended to maintain the parties in as close to their pre-separation condition as possible, pending the trial. Courts use a “guideline calculation” in order to set temporary spousal support. Temporary support lasts until (1) issuance of a judgment or (2) dismissal or (3) expiration under its own terms, or (4) the remarriage of the recipient or the death of either party.
For permanent support, which is determined at the time of trial, the factors in Cal. Fam. Code § 4320 are mandatory considerations. The “guideline calculation” used in setting temporary support may not be the basis for permanent support. Permanent support does not always have a termination date. If the marriage was less than 10 years, it may be considered a “short term” marriage and the party paying should request a termination date, which is no longer than half of the length of the marriage. Generally, if the marriage is longer than 10 years, the court will generally set termination on either party’s death or the supported party’s remarriage.
After filing for dissolution or legal separation, either party can file a Request for Order (FL-300) requesting an order of support (Cal. Fam. Code § 4320). Once the proper documentation is filed, the court clerk will give the party requesting support a court date. After receiving the court date, the requesting party must serve the other party with the Request for Order.
At the hearing, the court will order temporary spousal support retroactive to the date the Request for Order was file or to the date of the hearing. However, in some cases, the court has the discretion to make the order of support retroactive to the fate of the filing of the Petition for Dissolution or Legal Separation. However, retroactivity is not guaranteed and the need must be demonstrated to the court in the Request for Order.
Generally, temporary support is based on the payee’s need and the payer’s ability to pay (Cal. Fam. Code § 3600). Temporary spousal support is intended to maintain the parties in as close to their pre-separation condition as possible, pending the trial. Courts use a “guideline calculation” in order to set temporary spousal support. Temporary support lasts until (1) issuance of a judgment or (2) dismissal or (3) expiration under its own terms, or (4) the remarriage of the recipient or the death of either party.
For permanent support, which is determined at the time of trial, the factors in Cal. Fam. Code § 4320 are mandatory considerations. The “guideline calculation” used in setting temporary support may not be the basis for permanent support. Permanent support does not always have a termination date. If the marriage was less than 10 years, it may be considered a “short term” marriage and the party paying should request a termination date, which is no longer than half of the length of the marriage. Generally, if the marriage is longer than 10 years, the court will generally set termination on either party’s death or the supported party’s remarriage.
Call Now to Schedule a Consultation with an Experienced Spousal Support Lawyer
The attorneys at the Law Office of Taylor B. Warner, APLC handle spousal support filings and modifications for men and women throughout the Inland Empire. Call the Law Offices of Taylor B. Warner now at 909-466-5575 to schedule a consultation regarding your matter. We work with clients at all courts in San Bernardino and Riverside Counties who face family legal matters, and we can provide you with all of the facts & information and discuss your options and potential strategy based on your situation and circumstances.