How does spousal support work in California, and how long will it take until you start to receive spousal support? What is the difference between a temporary or permanent spousal support order and can they be changed? Generally speaking, spousal support is sometimes established with a temporary spousal support order, and ultimately replaced by permanent spousal support orders.
When will the Court issue a temporary or permanent spousal support order?
A request for temporary spousal support can accompany your original divorce petition. The experienced Certified Family Law Specialists at Burke & Domercq can help you carefully structure the documents and supporting information to protect your interests and to achieve your goals.
Once a complaint is filed, a hearing is set for somewhere between 30 and usually closer to 90 days later with regard to requests for temporary orders. The opposing side and their counsel have the opportunity to provide a written response or “Answer” to your complaint and your other divorce filings, including the request for temporary orders. We work to negotiate many of these issues in advance of the hearing to help keep costs down and to facilitate an earlier start date for spousal support.
When negotiations aren’t fruitful, mediation can prove to be a timely and cost-effective alternative to placing the matter before the Court.
If no agreement can otherwise be reached the Court will usually order some temporary spousal support (if appropriate) after the initial temporary orders hearing and the submission of additional affidavits regarding the issue. This is why it is so important to have experienced and proven representation in your divorce.
If permanent spousal support can be agreed upon and negotiations are successful, a permanent spousal support judgment can be drafted, approved by the Court and implemented. When the parties are in disagreement, the Court must hear the issues at trial and will apply several factors in the ultimate decision regarding spousal support.
Once the Court issues a permanent spousal support judgment it can only be changed through a post decree modification hearing (if the court has retained jurisdiction over the issue of spousal support). We carefully craft post decree motions and supporting documents to clearly establish any change in “Status Quo” required before a modification can be granted. Temporary and permanent spousal support orders are part of many Carlsbad divorce cases. To learn if a temporary or permanent spousal support order will be required in your case we invite you to protect your own interests and contact us or call 760-434-3330 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.