Spousal Support Lawyer in Rancho Cucamonga

Spousal Support Attorney Serving The Inland Empire

The two spouses may have different financial circumstances, both during a divorce and coming out of it. The issue may require negotiation, or even a court hearing, to resolve. The Law Office of Taylor B. Warner, APLC are committed advocates who will work for you throughout the process.

Courts do not want ex-spouses to have completely different financial circumstances. The court order may require one to pay the other money, either for a set period of time or indefinitely Then, the amount of money paid may be subject to change once circumstances are different.

Call the Law Office of Taylor B. Warner, APLC to learn more about how financial considerations of the divorce may impact you. Most important, we listen to you before we give you any advice. Call us today at (909) 466-5575 to schedule an initial consultation or fill out a contact form so we can discuss your specific family law needs.

The Law Office of Taylor B. Warner, APLC is located at 10535 Foothill Blvd, Suite 235 Rancho Cucamonga, California 91730 (open in Google Maps). Our office is located on the South East corner of Foothill & Haven just one block away from the Rancho Cucamonga Superior Court and we handle cases throughout San Bernardino & Riverside Counties.

How Spousal Support Is Initiated in California

Financial issues are among the most contentious in a divorce. One concern that arises is when the two spouses may have drastically different standards of living after the marriage. Public policy stands for the fact the two spouses should have circumstances that are more equal. Thus, the law calls for one spouse to pay support to the other under certain circumstances.

There are two ways that spousal support can be established:

• • Through agreement in a contract between the two spouses
  • Based on a court order from a judge

Many marital disputes are eventually resolved through negotiation. However, one spouse always retains the right to go to court to seek an order. One spouse may have to seek spousal support when the other will not pay or offer enough. At the same time, the spouse who was asked to pay may not believe that they have the resources to pay spousal support and be able to afford their own expenses.

When Spousal Support Is Established in California

There are two different times when a court may order spousal support:

• • • The judge may order support temporarily, while the divorce is proceeding, to assist the spouse with lesser means (However, this award is independent of any future award
    • Permanent spousal support, which is a longer-term award

If a court orders permanent alimony, it does not necessarily mean that it would be indefinite. Alimony could be for a set duration of time, based on the length of the marriage. However, if the couple was married for a long time, there is a chance that a judge could order indefinite spousal support for as long as one spouse needs it, and the other has the ability to pay.

Spousal Support Factors Under California Law

Under Chapter 4320 of the California Family Code, a court must consider a long list of circumstances in determining whether to award spousal support and the amount of the award. These factors include:

• • • The marketable skills of the supported party
    • The ability of the supporting party to pay spousal support
    • The needs of each party, based on the standard of living established during the marriage
    • The duration of the marriage
    • The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party

These are just some of the applicable factors. The way the law is written requires the court to consider each and every single point in the law. The judge does have discretion in how they weigh each factor. It is up to each spouse to present the most compelling arguments in their favor.

Changes to Spousal Support After it Has Been Ordered

There are several occasions that would mean that one spouse no longer has the obligation to pay support to the other:

• • • The two spouses have already agreed on an end date
    • The receiving spouse gets remarried
    • The court orders an end to spousal support
    • One of the spouses dies

While spousal support may be fixed at first, it can change. Either spouse can petition the court to change alimony if they can show a substantial change in circumstances. For example, if the paying spouse has lost their job, or they have had their earnings significantly reduced, they may be able to show the court that they should be paying less.

Get Legal Help from a Spousal Support Lawyer Today

When spousal support is an issue, both parties need a spousal support attorney because the decisions will have a long-term financial impact. Call the Law Office of Taylor B. Warner, APLC at 909-466-5575 to schedule an appointment to speak with a spousal support lawyer. Trying to deal with spousal support on your own can cost you money.