Spousal Support Attorney in Palo Alto, CA
When a marriage ends in divorce, there are many things to consider, like alimony. California has specific guidelines for spousal support, allowing whoever has the lower income to receive support based on the lifestyle they’re used to having. You may already be overwhelmed with the end of your marriage and need some guidance through the process to get results. You need to find an experienced Palo Alto spousal support lawyer.
Hire a Spousal Support Lawyer
Don’t fight for spousal support on your own. The Law Offices of Rebekah A. Frye can be an advocate in your corner. Rebekah has almost 30 years of experience in family law, including high-asset and complex divorces. Our team of professionals can support you in your time of need, building a case to get you results. Implementing an effective strategy and open communication, we’re transparent to offer every option available to get an acceptable outcome.
Divorce in California
U.S News and World Report analyzed divorce data from the Census Bureau, showing that California has around a 6% divorce rate. Santa Clara County has one of the lowest divorce rates, but more billionaires live in the Bay Area than in any other location in the country. With so many tech companies and other large businesses headquartered in Palo Alto, divorce and spousal support can get complicated, even if you aren’t one of those billionaires.
There are four steps in a divorce in California:
- One of the spouses files for divorce. Whether you’re the one serving or being served, you may want to hire a spousal support lawyer right away to deal with the paperwork and later proceedings.
- Share information. This includes financial and health documents, which help to determine spousal support.
- Discuss. Making decisions about child-related issues and property division may need to be done by the courts, especially in high-net-worth cases.
- Finalize. After the court determines factors like child custody and spousal support, the divorce is finalized by a judge in Santa Clara County.
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Calculating Spousal Support in California
California has a specific way of calculating spousal support, putting it into two categories. Temporary support is supplied during the divorce process, while long-term support is provided after the divorce has been finalized. Both categories can be addressed in court, but there’s a formula for temporary spousal support. It’s 40% of the higher-paid spouse’s income minus 50% of the receiving spouse’s income.
Another factor that affects spousal support in Palo Alto and how much you can get is the length of the marriage. California considers a marriage long-term after ten years, which means there’s no set duration for spousal support. The support could go on indefinitely. If your marriage was less than ten years, you receive spousal support for half of those years. For example, if you were married for six years, you receive spousal support for three years.
California law, Family Code 4320, outlines how the courts determine long-term spousal support. Several factors are taken into consideration:
- Standard of living or lifestyle while married.
- Number of years married, whether it was short-term or long-term
- Current income and earning ability over the coming years
- Age, physical, and mental health of each member of the couple
- Need for support, which determines who has a higher or lower income
- Ability to pay support over the long term
- If there was any abuse or proof of domestic violence
Having proper documentation and proof of each factor can help your case. The court may find other aspects within your unique case that can impact the final decision for spousal support and the amount that’s granted. Working with a skilled spousal support lawyer can assist you in gathering evidence.
FAQs About Palo Alto, CA Spousal Support Laws
How Much Is the Average Spousal Support in California?
It’s hard to calculate the average amount of spousal support in California. Since there are two kinds of spousal support, temporary and long-term, the amount can fluctuate. There are many factors considered for spousal support, including income, which is different for everyone. Your Palo Alto spousal support attorney can help you determine the appropriate number in your case based on your current lifestyle and expenses.
What Disqualifies You From Spousal Support in California?
There are a few ways of being disqualified from spousal support in California. If your marriage lasted under ten years, there is an end date set by the court. After that date, you won’t receive more support. If you remarry, you no longer receive spousal support from your ex-spouse when there is a history of abuse or criminal charges on your record, which can affect your eligibility as well.
How Do I Get Out of Paying Spousal Support in California?
After the divorce is final, there may be a way to get out of paying spousal support. You can petition the court to reopen your case based on new circumstances, like your ex-spouse has remarried or your income has changed, making it difficult for you to maintain the amount formerly ordered by the court. It’s never a good idea to try to hide assets in a divorce case to get out of paying spousal support. This deception can greatly impact the outcome.
What If My Ex Refuses to Pay Spousal Support?
If your ex refuses to pay, the court must get involved. Paying spousal support is court-ordered, meaning your ex has to pay. If they don’t, their pay can be garnished to get you the money. The court can put a lien on property owned by the responsible spouse. They can also be in contempt of court and be charged for not following the finalized divorce documents.
Contact a Palo Alto Spousal Support Lawyer
The Law Offices of Rebekah A. Frye has decades of experience in divorce and spousal support laws. Our team consults with professionals to find every detail relating to finances and assets. You need someone in your corner every step of the way, advising and advocating for you. We want results as much as you do. To move forward into the future, putting this behind you, is our goal. Contact us today for a consultation to discuss your spousal support case.
