A Carlsbad Divorce Lawyer Defending You Through Spousal Support

Last updated on July 17, 2024

Spousal support – sometimes called alimony or maintenance – is the subject of many myths and misconceptions. Awards of any financial support for a former spouse at all are far from automatic, and California judges have broad discretion in determining how much support will be paid and for how long. At Burke & Domercq, APC, we are fluent in these laws and can help you protect your best interests in negotiation and litigation.

Whether you believe you should receive spousal support or may face a demand that you pay it, the lawyer you choose to represent you could prove pivotal for your financial future. As opposed to child support, which is based on relatively clear, consistent statewide guidelines, California law regarding spousal support is much broader and outcomes can vary widely based on the approach you take, the court where your case is heard, your attorney’s level of preparation and other factors.

The Difference Between Temporary Orders And Permanent Spousal Support

The purpose of spousal support is to level the financial balance between the former spouses. Temporary support orders are issued in the beginning stages of a divorce case and are often requested as part of the initial divorce petition. The most common way divorce judges calculate temporary spousal support is to use this formula:

40 percent of the paying spouse’s net monthly income – 50 percent of the receiving spouse’s net monthly income = temporary spousal support payment. So, if the paying spouse’s net monthly income is $10,000 and the other spouse nets $4,000, the payment would be $4,000 – $2,000, or $2,000.

Temporary spousal support is not necessarily an indicator of the permanent support which will be ordered in your case. Permanent orders regarding alimony and other issues are usually negotiated by the attorneys in the case. There is no specific formula for a judge to follow, but the court is given a broad set of factors to consider. These factors include but are not limited to:

• The length of the marriage
• The incomes of both parties
• The economic viability or employability of both parties following the divorce
• The age and health of the parties
• The commitment of one spouse to leave a career to manage the household or raise the couple’s children

Having up-to-date financial documents is crucial to showing your and your spouse’s current incomes, household expenses, and other factors related to the level of appropriate alimony. The more complete your evidence is, the more likely the judge will set temporary spousal support in line with your individual needs or ability to pay.

If you have been served divorce papers, it is important to work with our certified family law specialist to review the documents and identify issues contained within them, such as requests for temporary financial support for your former spouse, child custody and child support. We strongly advocate for our client’s goals and needs while working to achieve a settlement that reflects a balance of the unique circumstances in their case, California law and the court’s preferences in similar situations.

Let A Carlsbad Divorce Attorney Help With Spousal Support

Experienced Carlsbad spousal support attorneys at Burke & Domercq, APC, are diligent in seeking both temporary and permanent spousal support awards that are as favorable as possible to our clients. Our efforts include:

• Performing rigorous research and aligning with specific client goals in targeting acceptable temporary and permanent spousal support awards
• Presenting options for establishing both duration and amount tailored to our client’s objectives, exploring “step-up” and “step-down” scenarios, and pursuing negotiations or mediation in the effort to avoid costly litigation of this issue
• Pursuing and defending against future modifications that may be justified by the payer’s or recipient’s substantial change in circumstances

Informed, Practical Advocacy For Your Financial Stability And Future

The length of your marriage and each spouse’s income and earning capacity are just a few of the factors that may be considered in establishing support obligations. If you need to seek a modification, it is important to act promptly.

Are you concerned about spousal support in a Carlsbad or North County divorce case? We invite you to review the strong recommendations of our clients and the legal industry and contact Burke & Domercq, APC, online, or call 760-389-3927 to learn more or schedule an appointment to discuss your concerns and objectives with one of our experienced and skilled Carlsbad divorce lawyers.