The State Laws in California, which relate to the alimony legislations affect the decisions of both spouses in a marriage. How the couple will deal with the case, the complexity and length of the case, and settlements can turn a simple divorce case into a very complicated legal battle with no end. These factors are the complex factors of all Californian divorce trials. Alimony is also another heated issue, especially when the higher earning spouse isn’t willing to pay for the maintenance. On the other hand, the low earning partner will want to get the alimony; such disagreement can result in years of court battles unless the two parties reach a compromise.
Alimony refers to spousal support; the word is frequently used in the State of California Family Code. If you want to get correct legal advice about the California alimony laws and procedures, it’s best you seek direct counsel from a qualified attorney after the attorney has analyzed all the facts and issues in your case.
If you are a resident of California going through a divorce case and the issue of alimony arises, it’s best that you have all the facts right with regards to how the California alimony is calculated (on a long-term or temporary basis) and how the law permits the upward and the downward modification of spousal support and the termination of spousal support in marriages (long-term or short-term marriages).
The essence of the State of California awarding temporary alimony to a spouse is to use the status quo. Coming up with an efficient method of determining status quo is very difficult and ordinarily such cases turn out to be the hardest to resolve because the spouse requesting the alimony would want to continue enjoying the same lifestyle they were living.
Even though the computer program is used in determining the temporary support, the court has the legal power to divert from the figure given by the computer, in instances where the spouse in question needs a higher amount of alimony. High tax expense consequences can also warrant the court to adjust the figures. The temporary maintenance is supposed to be paid directly to the payee by the payer. Alimony only ends when one of the spouses passes on.
For self-employed spouses, temporary alimony is set by the court without any prejudice to either of the two spouses. The California alimony laws permit the modification of a temporary alimony order before judgment is passed. When the decision by the court is given, the permanent alimony is calculated based on the Family Code 4320. The code governs the amount and duration of the maintenance.
Most cases in the State of California get a little complicated when the court experiences the following types of scenarios:
- Spouses who were living frugal lifestyles which don’t compare with their income
- Spouses who lived a lifestyle that was too extravagant and beyond their financial means
- A workaholic spouse who established a lifestyle that is unbalanced
- Failure to present enough evidence with regards to the spouses’ lifestyle
The amount of alimony given by a California court is also determined by the duration of the marriage or a long-term marriage lasting for a minimum of five years. Termination of support will require persuasive arguments and evidence. The California alimony laws state the requirements for alimony termination. Many people request for alimony termination after the divorce judgment has been passed.
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