When spousal support is at issue in a California divorce court, the judge must consider several different factors that are outlined in the state's family code. Spousal support is not granted in every situation, but judges may order it if they believe that doing so is warranted. Courts consider what each spouse would need to earn in order to enjoy a standard of living that is similar to the standard that they enjoyed while married.
The Ninth Circuit ruled that a real estate agent must continue to provide for his former wife even though they both signed a prenuptial agreement that nixed spousal support. According to the court, immigration documents set forth an expectation that an immigrant's sponsor will provide support regardless of what other agreements say. This is designed to prevent a person from entering the country, divorcing a spouse and then becoming reliant on public services.
Californians who are fans of the television series "Gotham" might be interested to learn that one of the stars of the show, Morena Baccarin, was ordered to pay both child and spousal support to her estranged husband. Reportedly, the 36-year-old Baccarin was ordered to pay $2,693 a month in child support and $20,349 in spousal support. She will be responsible for the spousal support payment either for the rest of his life or until he marries someone else.
Secretary of State Alex Padilla approved a request by alimony reform activists to collect signatures for their petition. A software consultant from Orange County started the movement after going through a difficult divorce. He and his backers believe that the concept of spousal support is outdated. Designed primarily to support divorcing women in a time when females had few income opportunities, alimony is seen by the petitioners as no longer necessary.
Some Californians who expect to pay alimony in their cases make agreements in which the amount of alimony to be paid is contingent on the activities of the other spouse. A recent case demonstrates how such contingent agreements may affect the ability of the person making payments to deduct them and the requirement for the recipient to report them as income.
The California Courts Judicial Branch has outlined the necessary steps to successfully change a spousal or partner support order. There are several reasons that an individual might seek to modify their order.
People going through a divorce in California could potentially benefit from learning more about how the amount of alimony is calculated by courts in the state. Spousal support, or alimony, must be court-ordered before it can be considered legally binding. Without a court order resulting from a domestic restraining order, annulment, legal separation or divorce, a spouse may not be legally obligated to start making payments. In some cases, a judge may issue a temporary spousal support order to be paid while the legal proceedings are underway.
When a couple divorces in California, courts sometimes order one spouse to pay the other a monthly in order to provide financial support. In some cases, either one or both parties may need to change the alimony order.
The state of California offers three different types of alimony. The first is temporary alimony, which the court may award for the period of time while the divorce proceeding is pending. This gives the receiving party the necessary assistance that he or she needs until the court decides on a long-term solution.
Individuals who have been ordered to pay spousal support in California may face serious consequences if they fall behind on payments. A person who fails to pay spousal support could potentially be charged with contempt of court and sent to jail. Criminal charges are generally used as a last resort, however, and other methods of collecting late spousal support payments will most likely precede a charge for contempt of court.