A recent case in a California appellate court helps to shed some light on spousal support and the ability to work if you are to receive support during and after a divorce. The case in the Second District Court of Appeals shows the burden proof on a party who claims they cannot gain meaningful work is on the party requesting…
Spousal Support
Reducing Spousal Support through Vocational Evaluation
We are often asked “What should I do if I want to minimize the amount of support I have to pay my soon to be ex-wife? Contact the Certified Family Law Specialists at Burke & Domercq and learn more about reducing spousal support after a divorce through vocational evaluation. There are actually a number of legal ways to reduce the…
Can You Reduce or Eliminate Spousal Support in North County?
Can you reduce or eliminate spousal support in North County? The recent impact of COVID-19 on the local business community has affected the income of many households here in Carlsbad and North County. How will a layoff, furlough or the loss of a job affect your spousal support obligations? Many people incorrectly believe that once a judge has issued a…
Dispute over the Amount or Duration of Spousal Support in Carlsbad Divorce
Are you involved in a dispute over the amount or duration of spousal support in a North County or Carlsbad divorce? Spousal support is one of the issues which often causes disagreement between divorcing couples here in Carlsbad. Unlike child support, which is based upon established guidelines (for the most part), spousal support is much more “negotiable” and is based…
How does Cohabitation Affect Spousal Support After a Divorce
How does cohabitation affect spousal support after a divorce in Carlsbad or North County? What happens when you are paying spousal support after your divorce and you learn your former spouse is cohabiting with someone new? These cases are highly unique and based upon the individual circumstances in each case but worth discussing with the experienced Certified Family Law Specialists…
How is Spousal Support Determined in North County San Diego Divorce
How is spousal support determined in North County San Diego? Is there a specific calculation method to determine the amount and duration of spousal support in Carlsbad and the surrounding area? California has very specific guidelines for the calculation of child support during a North County or Carlsbad divorce, but spousal support is much less rigidly formatted under California law.…
Spousal Support after a Long Term Marriage in Carlsbad
Is there usually an award of spousal support after a long term marriage in Carlsbad or North County? The important time frame in these divorce cases is often established when the underlying marriage passes the 10 year mark. If you are married less than 10 years, the amount and duration of spousal support is often much less than what is…
How Does Your Previous Standard of Living Affect Spousal Support
How does your previous standard of living affect spousal support in a Carlsbad divorce case? How will the standard of living be determined in your case? The standard of living enjoyed by the couple during the course of their marriage is one of the key factors when determining the need for and potential amount of spousal support. The general idea…
Will You Have to Pay Spousal Support in Your North County or Carlsbad Divorce?
Will you have to pay spousal support in your North County or Carlsbad divorce? Many factors must be considered during spousal support negotiations, mediation or litigation. There is no finite spousal support computation under California law as one would find for child support. However, California’s family law code does specify several “factors” which must be considered including but not limited…
How will Changes in Income After Your Divorce Affect Spousal Support
How will changes in income after your divorce in North County or Carlsbad affect your spousal support? While this is a complex legal issue, the short answer is a change in the income of either party may have an effect on spousal support. In some cases it may not. Spousal support is generally intended to ensure former spouses leave the…