2 March 2011 0 Comments

Spousal support

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A divorce decree may specify that one spouse assist the other spouse in support and maintenance on a monthly basis.  Spousal support does not only mean cash payments; it could include payment of medical and/or dental expenses, house payments and other day-to-day expenses. 

Spousal support is often awarded at an Order to Show Cause basis.  This is when one spouse is either unemployed or earns significantly less than the other spouse.  The California Family Code provides the judge with factors to consider in determining the amount of the support – including how long the couple was married, employment opportunities available to the spouse, children at home, etc.

When a couple has been married for more than 10 years, the court will require a reservation of jurisdiction, which means that if there is no current spousal support order, the spouse is allowed to come back to court at a later date if necessary.  If the marriage lasted less than 10 years, the support paid usually amounts to about one-half of the length of the marriage.

Without an experienced Riverside County Family Law attorney, you may be paying too much spousal support for too long of time. It is essential that you contact a Riverside County attorney experienced not only in spousal support issues, but also with trial procedure and the rules of evidence.  You need an attorney who will provide you with a personalized and attentive approach to divorce issues.

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