Your Spousal Support / Alimony Attorney
Spousal support, once referred to as alimony, is payment made by a spouse or ex-spouse to the other when their financial situation has been compromised by the separation or divorce. The determination of spousal support is usually an essential element in a marital settlement agreement (MSA), and if it is not specified in a pre-nuptial agreement, then any award will be determined by the court. In most cases spousal support will be ordered by the court when one spouse's financial needs are greater than the other, and the other has the ability to pay.
Several factors will be considered by the court when determining an award of spousal support.
Some factors considered are:
Duration of Marriage
Needs of the spouses
Age of the spouses
Health of each spouse
Number of Children and Custody
Community Debts and Assets
Earning Capacity of each spouse
The objective of support is to equalize the incomes of the parties and ideally allow the lower wage-earner sufficient time and means to eventually become self-supporting. In marriages lasting less than ten years, spousal support is awarded for a period of time up to but typically not exceeding one-half of the length of the marriage. Marriages exceeding ten years are considered long term marriages and the court has discretionary powers to award support for the life of the spouse.
Modification of Spousal Support. Spousal support may be modified if the court determines that there is a substantial change in circumstances. For example, if the spouse receiving support remarries, cohabitates with a member of the opposite sex, or intentionally refuses to earn income the court may terminate or adjust the former spouse's obligation to provide financial support.
If you are required to pay spousal support, but are unable to meet your obligations, you may be entitled to a legal modification to reduce or even eliminate your support payment. Our office can negotiate a new financial arrangement and help you to modify your spousal support payment for your changing circumstances.
Spousal support enforcement. We appreciate how critical spousal support is to your financial situation. If you are entitled to receive spousal support, but your ex-spouse is failing to meet their obligation, Family Law Support and Paul D. Spear can help. Our office will work on your behalf by contacting the proper government authorities or by filing the necessary documents to enforce the existing spousal support order and require your ex-spouse to honor their obligations, and depending upon your situation, pay our attorney's fees as well.
To learn more call us today. Spousal support and modification orders are extremely delicate and complex matters and must be handled by knowledgeable and aggressive attorneys who are willing to fight for their clients. Family Law Support and Paul D. Spear is experienced in spousal support and modification issues and understands what is required by the court and know the strategies that are necessary and is willing to go to battle to get what you deserve.
For more information, or to discuss Alimony in Van Nuys or Spousal Support in Van Nuys, contact the Family Law Support of the San Fernando Valley today.
For a free initial consultation, call (818) SUPPORT / (818) 787-7678.