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Understanding What Is Temporary Spousal Support

spousal support attorneys in Orange County; The Maggio Law FirmTemporary spousal support is generally awarded when one spouse earns substantially less than the other spouse. The Superior Court of Orange County, California has determined that temporary spousal support can be obtained pursuant to a filing of a Request for Order to obtain temporary court orders before the final trial date.

In California, in order to claim spousal support, parties have to be married or be registered as domestic partners.

Calculating spousal support

The greater the difference in income between the parties, the higher is the support amount. An informally adopted guideline determines the support. 40% of the income of the paying spouse is considered. 50% of the income of the receiving spouse is calculated. The difference between these two amounts will give you the net amount of spousal support.

Courts generally use computer programs such as Dissomaster or Xspouse to generate these amounts. The respective gross incomes of the parties are fed into the system to get the results.

Health insurance, union dues, obligatory payments and contributions, tax write-offs in mortgage payments, and so on are some of the details that are taken into consideration while determining net income. However, most personal expenses such as credit card bills, rent, and other costs of living are not considered.  Filling out the Income and Expense Declaration can be a bit tricky.

Other things to know

The length of the marriage (except in cases of really short ones) does not determine the amount of support.  If you are already receiving child support, temporary spousal support would be determined on the amount of child support received.

You do not need to be employed in order to seek spousal support. You may have to find employment in the near future but the spousal support will cover your basic needs for the moment.

As per the Internal Revenue Code, all spousal support payments are tax-deductible for the spouse who is paying it. It is, however, taxable for the spouse who is receiving the support but only as “ordinary income”.

Temporary spousal support is not as easy as it sounds and requires help. If you are based in Orange County or anywhere in California and would like to know more about the various issues related to temporary spousal support or is seeking legal advice, you should consult with a qualified divorce attorney.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

divorce_attorneyGerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

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