Riverside Spousal Support Lawyer
The determination of whether spousal support is to be paid from one ex-spouse to another is one of the most important issues in any divorce proceeding in California. Contrary to popular belief, spousal support in Riverside is not granted in every case. While many California courts use the Dissomaster software program to calculate temporary support payments, it is against the law to use this software to make a permanent support award. This means the judge hearing your case will have a great deal of discretion in setting the support level.
There are many complex factors that must be taken into account that can materially affect the actual amount that is ordered to be paid. It is supremely important that your attorney be aware of all these factors and the way in which they interact. The skilled and experienced Riverside alimony lawyers at Milligan, Beswick, Levine & Knox LLP will vigorously advocate your position to see to it that the support order will be as advantageous as possible.
Factors Affecting Spousal Support in Riverside
There are a number of situations that can affect whether an ex-spouse will continue to receive spousal support, and if so, at what levels. Among these factors are:
- If the spouse receiving support remarries, support terminates. Even cohabitation can be used to modify or eliminate support payments.
- If the paying spouse’s income is decreased, a modification can be sought. Conversely, an increase in the paying spouse’s income is not grounds for an increase in support.
- If the receiving spouse’s income rises dramatically, it can be used to lower support.
- If the paying spouse reaches the age of 65, they are entitled by law to retire and stop making support payments.
- If a receiving spouse intentionally avoids working, a vocational assessment can be ordered which can lead to a reduction of support.
- A documented history of spousal abuse can increase support.
However, infidelity on either spouse’s part does affect the level of support. Also, bankruptcy will not relieve an individual of the obligation to pay support
Length of Time of Alimony Payments
The goal of spousal support is to allow the person receiving it time to become self-supporting. It is not intended as a lifelong proposition. Generally speaking, except in a marriage of 10 years or more, the length of support will be one-half the length of the marriage. In a marriage of 10 years or more, the court is not permitted to enter a final termination date for the support.
The court will look to a number of factors to determine the extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage. Those factors include considering the ability of the parties to work and look after the children of the marriage (when applicable), the skills and the job market for those skills of the party seeking support, need for training or education, the ability to pay support, any contribution to education, the assets and liabilities of each, the spouse’s age, tax ramifications and health of the parties.
The Riverside spousal support attorneys at Milligan, Beswick, Levine & Knox LLP are accomplished in both negotiation and trial. Contact us today for your confidential, no-cost, no-obligation initial consultation.