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What Family Courts Consider In Ordering Spousal Support

Ever wondered how a court determines how much alimony should be awarded to a spouse after divorce?  Here’s some information in response to that question. Ability of the spouse to earn is considered by courts while determining alimony The court takes into account the earning ability of both the spouses while ascertaining whether alimony should be awarded or not. Thus, a court not only considers how much a spouse is actually earning but also weighs the spouse’s potential for earning. Will a spouse be able to pay alimony? This is a major consideration for the court in order to settle…

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What To Do If You Stop Receiving Support Payments

There are several occasions when parties require professional help so that the financial judgment that were declared in their favor could be enforced either in paternity or in divorce cases, most of the times a court declares its financial judgments based upon issues like split of marital properties, alimony, spousal support or child support.  After the judgments have been entered, it is expected that the recipients should be depending on the awarded monies for their daily expenses. Hence, when a person stops getting support payments, the outcomes could be difficult for both the parties. How does the court take actions…

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Understanding Palimony & "Marvinizers" In California Cases

Palimony may sound like alimony but there are subtle differences between the two. For one, Palimony is applicable for unmarried couples who lived together before getting separated. Both of them work in a similar fashion and both involve spousal support paid by one partner to the other. Marvin v. Marvin The word palimony was first used during a court trial involving two unmarried partners who split shortly after a live-in relationship. ended. In 1976, actor Lee Marvin from California had a palimony case against him by his girlfriend Michele Triola for failing to fulfill his promise of financial support. Marvin’s…

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Ways to ensure you get your alimony

There are various ways to help you in getting your alimony. In fact, this process can be faster when you are aware where and who should you go to for help and are knowledgeable about what your exact rights are. How to get your alimony initially? If you are requesting for alimony in the court, it actually means that you are indirectly saying that you require financial help on a monthly basis as an outcome of your marriage’s economic status. Now, this further signifies that if your spouse was the only earning member of the family or even though you…

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Misconceptions About California Spousal Support

Many couples facing divorce in California have certain false notions ingrained in their minds related to spousal support (alimony) payments under the laws of California. Check out some of the most common misconceptions about spousal support payments below. # 1: Receiving alimony payments is a compulsory right You need to realize that it may not be mandatory for your former spouse to pay you alimony while your marriage gets dissolved or during proceedings of legal separation. In fact, the reverse may be true. The final discretion lies with the courts on whether to direct for spousal support or deny it…

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More Women Are Paying Alimony Today

Things have changed drastically in the workplace with an increasing number of women being seen in high-level positions in the corporate sector today. In fact, according to statistics, women are found to be the top earning members in about one-third of the marriages. As a massive number of marriages are found to end in a divorce today, this change has led to another key transformation. There is an emerging, growing and new trend of many women paying for their child support or alimony to their former husbands. The meaning of equal rights is that an ex-husband may demand alimony if…

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Seeking Spousal Support In Divorce Cases

When there is a legal separation or divorce of any couple, it may be ordered by the court to one domestic partner or spouse to pay other a specific quantity of money every month. This money is termed as “spousal support” and “partner support” for the married couples and domestic partnerships respectively. It is occasionally referred to as “alimony”. Do understand that partner and spousal support issues can be extremely difficult.  The firm will assist you to comprehend partner or spousal support and the duration this support will last and the way it will affect the taxes. You will also…

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What To Know About Spousal Support Under California Law

California state laws mandate that the question of permanent spousal support or alimony must be decided after careful consideration of numerous factors and the state laws give the courts tremendous discretion in setting or deciding the terms of alimony and whether a party is liable to offer a full spousal support and also whether a party demanding it fulfills certain criteria. Under the alimony laws, courts in California can order the higher earner to pay a sum of money for “maintenance of similar lifestyle to what the other party has been used to during marriage” for a determined period of…

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Can a Pre-Nup Agreement Protect You Regarding Spousal Support in CA?

Prenuptial agreements are often signed by those getting bound by a marriage contract to protect certain rights and to give themselves exemptions from certain liabilities, in case the marriage doesn’t work out. It can be a pretty useful piece of agreement in case something unforeseen happens. However, many can’t get past a mental block because of a common perception that it shows lack of love and trust between the partners. However, most experts suggest that these apprehensions are unfounded. Prenuptial agreement under California laws Prenuptial agreements in California are governed by its Uniform Premarital Agreement Act.  So, in California, a…

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Timing Your Divorce Right: The Ten-Year Rule

Under California law, the lower-earning spouse getting a divorce may be entitled to spousal support for a longer term if he/she has been married to their current partner for ten years or more.  If they have been married for less than ten years, spousal support is generally limited to a duration that is equal to half the length of the marriage. Sounds a tad confusing? Let us illustrate it with the help of an example. A and B are going through tough times and considering a divorce. A is the higher-earning spouse here, so it is A who is expected…

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