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Enforcement of Spousal Support Orders

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California Spousal Support: The Ten Year Rule is a Myth

Many California couples considering divorce fear what they call the “ten-year rule.” A common misunderstanding is that when a couple married longer than ten years seeks a divorce, there is a rule in place that requires alimony on an indefinite basis, but there is no such rule. The reference is to Family Code Section 4336(a) which says that when a marriage is of “long duration” the court “retains jurisdiction” indefinitely after the divorce is final unless the parties come to a different agreement. The fact that the court (in most marriages of long duration) retains jurisdiction doesn’t necessarily mean that…

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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 Are Having Difficulty Paying Support

A common concern that often comes up after the entry of a divorce judgment in the court is the spouse who has been asked to pay for spousal or child support declares his or her inability to do so any more. The aim of this article is to discuss the steps that should be taken if such an issue comes up. Step 1: Go through the divorce decree thoroughly While it is an obvious thing to do, there are several people who tend to overlook it. A divorce judgment is an extremely crucial document, which anyone such as the judge,…

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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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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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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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What You Need to Know About Alimony Before Divorce

When you are facing a divorce, you need to be prepared for the reality i.e. alimony payments to your spouse. There are some countries or states that refer to alimony also as “maintenance” or “spousal support”. This is an active component of the divorce system of many countries all over the world. In case your earning is significantly higher than that of your spouse and both of you are married for several years, there is a lot of possibilities that you have to pay alimony to your ex-spouse after your divorce comes through. But, if the marriage has lasted for…

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Calculating Child Support And Alimony In A Divorce

Managing finances during divorce is a skill every individual who is heading for a divorce needs. It’s better to be mentally prepared for a financial loss than be unprepared at all. First there is the question of property. If you’re someone who has accumulated a lot of wealth during your marriage, then brace yourself for some financial damage unless you claim most of them to be a separate property. Next, if you and your spouse have considerable difference in terms of earnings, you might end up paying a certain amount as alimony. And lastly, if you have children and you…

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