Articles Posted in Alimony

In many marriages, one spouse is the primary breadwinner while the other takes care of the household and raises the couple’s children. When such marriages end, the Courts will often order the breadwinner spouse to pay spousal support. The Courts assess numerous factors to determine support obligations, but as circumstances can change over time, such obligations may need to be modified. Recently, a California Court discussed what factors should weigh into the determination of whether to increase a support obligation in a case in which the former wife sought a modification. If you have questions about spousal support, it is in your best interest to talk to a knowledgeable San Diego divorce lawyer as soon as possible.

Factual and Procedural Background

It is alleged that the husband and the wife were married for 26 years before they separated. They had five children during the marriage. The wife stayed at home to raise the children while the husband worked as an airline pilot. The divorce was finalized in 2015; at that time, two of the couple’s children were minors. The Court ordered the husband to pay child support and spousal support.

Reportedly, in 2016, one of the children aged out of child support, and the mother began working as an instructional assistant at a school. The Court increased the mother’s spousal support by $1,000 per month. In 2020, the second child aged out of child support, and the mother sought an additional increase in spousal support. The husband opposed her request and provided a declaration of his income and expenses, which included a line item for his children’s college tuition in the amount of $7,000 per month. The Court denied the wife’s motion, and she appealed. Continue reading

Generally, only parties that were married can seek spousal support. There are some exceptions, though, through which a person who was not legally married can obtain spousal support. This was illustrated in a recent California ruling in which the Court affirmed that a woman deemed a putative spouse could be awarded spousal support. If you are considering ending your marriage, it is important to understand your rights and obligations, and you should contact a San Diego spousal support lawyer promptly.

The Facts of the Case

It is reported that the husband and wife married in March 2011. At that time, unbeknownst to the parties, the wife’s divorce from her former husband was not final. She became aware of the fact in May 2011 and ultimately obtained a divorce in March 2012. The parties had a second wedding ceremony in April 2013 and a third ceremony in September 2013. They did not receive marriage certificates after the second and third ceremonies, however.

Allegedly, in 2020, the husband filed a petition for dissolution. The Court declined to rule on the issue of whether the second or third weddings were valid but determined that, at a minimum, the wife was a putative spouse. The Court subsequently awarded her attorney’s fees and spousal support. The husband appealed, arguing that, as a matter of flaw, the wife was not a putative spouse. Continue reading

The courts will typically take numerous factors into consideration when determining child support obligations. In cases in which the courts lack adequate information to make a final determination, they will often issue interim orders pending the receipt of additional data. It is important to note that, as illustrated in a recent California ruling, such orders may not impose actual support obligations on the parties involved. If you have questions regarding the potential financial impact of sharing custody of a child, it is smart to contact a trusted San Diego child support lawyer to discuss what evidence you may need to produce to obtain a fair outcome.

The History of the Case

Allegedly, the husband and the wife married in 2001 and had three children, two of whom are still minors. In 2015, the wife filed a divorce action. The following year, in accordance with a marital settlement agreement, the trial court entered a judgment of dissolution and granted the husband and wife joint physical and legal custody of their children. The court also ordered the husband to pay child support.

After the Child Custody, spousal support (alimony) is the most argumentative and challenging-to-navigate procedure in every divorce.

In the middle of a divorce process, you may be thinking about the issue of alimony payments. Spousal Support or alimony is to assist a party to acquire skills or necessary training to obtain a job to become self-sufficient and you maintain the Status Quo.  (See In re Marriage of Schulze (1997) 60 Cal.App.4th 519 at p. 525; In re Marriage of Schulze (1997) 60 Cal.App.4th 519 at p. 522; and  In re Marriage of Burlini (1983) 234 Cal.App.3d 65 at p. 69.). If the divorce goes through litigation, spousal support can be awarded in Court. Both you and your ex-partner can negotiate these payments with the respective lawyers, which can assist you in ensuring fairer results.

In this post, you will get helpful information regarding negotiating alimony settlements during the process of divorce.

When two people, who are deeply in love, get married, the thought of divorce never crosses their minds. Sometimes these couples, who used to be so in love, find it difficult to stay together and their marriage ends in a divorce, Thus, the couple must prepare for separation. Divorce is never easy, be it a contested or uncontested. The spouses suffer, and even the children may be dragged into the mess, which can scar them for life.

If your marriage is at the verge of breaking, and you have started thinking of divorce, here are the things that you must know about divorces in San Diego.

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California is a No-Fault State

As we know, each case is unique, but there’s always a right and a wrong way to go about divorce or separation. There are several things that both you and your partner can or should do in order to make the procedure go as easily as possible.

Unfortunately, throughout our years of experience in dealing with divorce proceedings, we have encountered a number of couples that were unintentionally or intentionally committing some common mistakes that hindered the process of divorce.

In this post, you’ll get informative guidelines regarding common mistakes to avoid:

Doppelt and Forney email or text

Doppelt and Forney email or text

Out of all types of divorces, military divorces are the ones that are open to a higher number of complications. Military marriages are similar to the civilian divorces, however, there are a number of important differences that service members and their spouse will need to know.

The added complexities in military divorce make the process more stressful than the average divorce. If you have been serving in the military and are considering divorce, there is information you need to know. Military divorces do have similar matters such as spousal support, child custody and support, asset division, and debt division; however, there are other issues in a military divorce that are not part of a civilian divorce.

With regards to divorce, alimony is notorious. You most likely have some idea of how alimony functions—with the higher-earning partner making regular installments to the other partner—however, there are a number of misinterpretations about this crucial, but hot-button topic.

Every state has separate alimony support laws and requirements, so there is a high chance for misinterpretation. In California, alimony is referred to as “spousal support.” In the present blog, we will discuss six things divorcing couples should think about regarding spousal support in California.

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1) There are two types of spousal support in California

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