Spousal Support Attorney in San Jose, CA
Divorce is difficult for anyone to go through. When spousal support payments are a part of the equation, you’ll want to work with a knowledgeable San Jose spousal support lawyer to help protect your legal rights during your case. They’ll help advocate for what’s fair.
Experienced Family Law Firm in California
You need a strong legal advocate when dealing with the complexities of divorce. When you work with The Law Offices of Rebekah A. Frye, PC, you’re working with a team that is dedicated to client care.
Rebekah A. Frye is a Certified Family Law Specialist with almost three decades of professional experience. We value empathy and results above all else and fight tirelessly for our clients. We have assisted many clients in the San Jose and surrounding areas in situations similar to yours. We can help you, too.
California Divorce Laws
In 2023, San Jose had a population of 969,615. Of these residents, an average of 72,721 were divorced. When navigating divorce, having a clear idea of how the proceedings generally unfold can help you feel back in control of your life. In San Jose, a divorce can only be filed if one spouse has:
- Lived in the state for six months
- Lived in Santa Clara County for three months
Divorces in San Jose are generally handled at the Family Justice Center Courthouse, located at 201 North First Street. When you hire a spousal support lawyer, they can help you navigate scheduled court filings and appearances.
California Alimony Laws
Spousal support, also called alimony, is financial support paid by one spouse to the other after divorce. When deciding spousal support in California, the court looks at many factors. These include:
- Both spouses’ capacity to earn and maintain the standard of living established during the marriage
- Each spouse’s skills, education, and work experience
- If either spouse spent any time out of the workforce to handle domestic duties
- How one spouse contributed to the other’s career or education
- The supporting spouse’s capacity to pay
- The needs and obligations of each spouse
- The length of the marriage
- The age and health of both parties
- Any history of domestic violence
- Tax consequences
The average household income in San Jose was $141,565 in 2023. The court aims to help the supported spouse become self-sufficient within a reasonable time. This is generally half the length of the marriage, though this timeline can vary.
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Exceptions to Spousal Support
There are a few exceptions that may be considered when courts decide spousal support. Support may not be required if a spouse has enough property or income to support themselves, or if they have custody of the children and the other spouse is supporting them. If a supported spouse is living with a new nonmarital partner, the court generally assumes that the spouse’s need for support is reduced.
For those with minor children, changes in child support may also affect spousal support. If child support ends, either party can request a modification of spousal support within six months.
FAQs About San Jose, CA Spousal Support Laws
What Should I Look for in a Spousal Support Lawyer in San Jose, California?
When choosing a spousal support lawyer in San Jose, California, seek experience in family law, particularly divorce and alimony cases. Look for a strong track record in negotiating fair settlements, familiarity with California’s spousal support guidelines, and excellent communication skills. Check client reviews, ensure they offer personalized strategies, and confirm reasonable fees. Local knowledge of Santa Clara County’s Family Court procedures is a plus.
Can a Spousal Support Order Be Modified?
A spousal support order can be changed or ended at any time if the court thinks it’s necessary. This is generally done when one spouse faces a significant change in life circumstances. It can include moving in with a new partner, a change in job or income, a loss of job or income, or the onset of new major financial obligations. Support can’t be changed if there’s a written agreement or a court-approved oral agreement saying it can’t be modified.
Can a Court Grant Temporary Support While the Divorce Case Is Ongoing?
While a divorce case is ongoing, the court can order either spouse to pay what is needed to support the other spouse in the interim. If there are minor children involved, the court can order either or both parents to pay what’s needed for the support of their child. If you’re in need of financial support during your divorce, be sure to make that clear to your lawyer so they can help you file for it.
What Happens if the Supporting Spouse Doesn’t Make Alimony Payments?
Courts have the power to enforce support orders if the supporting spouse doesn’t pay. This can include seizing property or holding the spouse in contempt. A support order can’t be ignored because the spouse thinks it’s unfair, or life circumstances have changed, making it too high to pay. If the supporting spouse is struggling to pay, they should file a modification request with the court.
What if My Ex Hides Assets During Divorce to Make the Court Think Their Income Is Lower?
If your spouse is hiding assets during divorce to try to trick the court into thinking their income is lower than it really is, there may be severe legal penalties. Both parties must fully disclose all their assets, debts, income, and expenses. Legal penalties for hiding assets can include awarding the harmed spouse 50% of any hidden asset, plus attorney’s fees and court costs. In cases involving serious breaches, the court may award the harmed spouse 100% of the asset.
Hire a Spousal Support Lawyer in San Jose, CA That You Can Rely On
The team at The Law Offices of Rebekah A. Frye, PC is here for you. Contact our office today to learn how we can assist you during your case. We offer comprehensive legal services for San Jose residents and those living in surrounding cities. You don’t have to go through this difficult time by yourself. Let us help.
