San Diego Spousal Support Lawyer
California Alimony Laws
In order for both spouses to achieve financial independence following a divorce, separation, or domestic violence restraining order, one spouse is often ordered to pay the other spouse alimony. Spousal support is financial assistance that helps individuals who cannot meet their needs without the help of the other spouse. Determining the amount of alimony is tricky and many factors are considered. Whether you believe you will be ordered to pay spousal support or you are looking to receive spousal support, The Law Office of George Gedulin is here to fight to keep your rights and best interests protected.
Call the San Diego spousal support attorneys at the Law Office of George Gedulin at (858) 281-4605 for help with your alimony case.
How is Spousal Support Determined in CA?
Alimony cases must be approved by a judge for them to be legally established. The judge will make a final decision regarding alimony using a formula that takes many factors into consideration. Too much or too little spousal support can significantly affect the well-being of either or both spouses. Once a judge comes to a final decision regarding spousal support, the support will become part of your divorce or separation agreement. Because these cases are all complex in their own way and there is so much at stake, we strongly urge you to enlist the help of a seasoned family lawyer who has experience with these situations.
To determine spousal support, a judge will consider factors including, but not limited to:
- The length of the marriage
- How much support a spouse needs to maintain the same standard of living as during the marriage
- The amount of money each person can contribute to maintain their standard of living
- How working would impact taking care of the children
- The age and health of both spouses
- Debts and property
- Whether or not domestic violence ever took place in the marriage
- If one parent’s career was affected by unemployment or taking care of the children
Consequences of Falling Behind on Spousal Support Payments
Because alimony is ordered by the court, it must be paid until the court decides to alter the agreement or end it. Falling behind on payments can have very expensive consequences, as you will incur 10% interest for every year on top of the balance owed. If the court finds that you are refusing to make spousal support payments when you are, in fact, capable of making them, they will deem you “in contempt of court.” This step is a last resort and will likely result in jail time.
Can Spousal Support be Modified in California?
It is possible to change your spousal support but only if there is a change in circumstances. Various factors can impact the court's decision to change spousal support including whether or not the person receiving it no longer needs it, the person paying it experiences a significant decrease in income, the person receiving it is not being proactive in attempting to support themselves, and more.
Certified Mediators Working for You in Your Spousal Support Case in CA
Insufficient alimony can significantly impact the well-being of a spouse as they are emerging from a recent divorce or separation. At the Law Office of George Gedulin, our San Diego spousal support lawyers want to help you settle your alimony / spousal support case. Your best interests are our main focus and we will strive to achieve a fair settlement to ensure your financial stability and well-being. Our family law team includes associate counsel of family law, Samuel Godkin, a certified mediator who has a proven record of success. He has extensive trial experience knows the courts extremely well. Let us guide you through this complicated process and make your life easier.