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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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How Does Domestic Violence Affect Spousal Support in California?

If you are going through a divorce that involves a history of domestic violence, there are a few things you should know about how it could affect your California divorce process. California is a No-Fault Divorce State Every state is either a fault or no-fault divorce state (or a mixture of both). As a no-fault divorce state, California’s divorce statutes are based around the basis that all divorces in the state are no-fault. Being no-fault means that one spouse does not need to show that the other spouse did something wrong to qualify for a divorce. California couples can divorce…

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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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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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