Articles Posted in Spousal Support

In many marriages, one spouse will be the main income earner while the other bears the primary responsibility of running the household and raising the children. When couples with disparate incomes divorce, the higher-earning spouse may be ordered to pay spousal support. Some parties do not accept support obligations willingly, however, and will go to great means to attempt to evade or reduce them. As shown in a recent California case, though, support obligations will only be modified if it is warranted by the relevant statutory law. If you intend to seek a divorce and have questions regarding spousal support, it is advisable to contact a skilled San Diego divorce attorney to discuss your rights.

History of the Case

It is alleged that the husband and wife were married for seventeen years and had three children during their marriage. In 2014, they divorced. The husband’s gross annual income was indicated as approximately $196,000 in the stipulated dissolution judgment. He was ordered to pay spousal support of approximately $4,300 per month and child support of around $3,600 per month. In 2017, the husband moved to amend his support obligations. The court found that there was a sufficient change of circumstances to warrant a modification. Specifically, his yearly income had decreased by $10,000, and his oldest child reached the age of majority, so support was no longer required. As such, the Trial Court issued an order decreasing spousal support to $3,800 a month. Two years later, the husband again moved to modify his spousal support obligations. The Trial Court denied the motion, and the husband appealed.

In many marriages, one spouse’s salary far exceeds the other’s. If a couple with disparate income divorces, it is not uncommon for the lesser earning spouse to seek some form of spousal support while the divorce is pending. If a court finds the circumstances warrant a temporary support award, it will typically examine the obligor spouse’s most recent income to arrive at the amount of support owed. That is not always an appropriate means of calculating alimony, however, as demonstrated in an opinion recently issued by a California court in a divorce action. If you intend to seek a divorce, it is prudent to meet with a knowledgeable San Diego divorce attorney to discuss how ending your marriage may affect you financially.

The Underlying Facts

It is reported that in 2018, the wife filed for divorce after close to 35 years of marriage. The couple had no minor children at that time. A short time later, the wife filed a request for an order seeking pendente lite spousal support. The court ultimately granted the wife ongoing pendente lite spousal support of over $31,000 per month. It based the support obligation on the husband’s income for the most recent historical year. The husband filed a motion for reconsideration, arguing that as his income fluctuated drastically from year to year, the trial court erred in solely analyzing his income from the prior year to determine the support obligation.

Calculating Pendente Lite Spousal Support

The Court of Appeal agreed with the husband and ruled that the trial court abused its discretion in calculating his prospective income on an unrepresentative sample period. The Court explained that while a dissolution of marriage action is pending, the court may order either spouse to pay any amount it deems necessary to support the other spouse. Temporary support is based on both the obligor spouse’s ability to pay and the supported spouse’s needs. While permanent support is determined by the financial situation of the parties after a dissolution, temporary support is used to maintain the standard of living as close as possible to the status quo while the trial is pending. Continue reading

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.

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Domestic violence is the emotional, physical, or verbal abuse by one person against another where the parties are (See Cal. Family Code 6211):

  • Spouses or former spouses,
  • A person who regularly resides or formally reside in the household,

Are you seeking a divorce or legal separation? Is your divorce especially high-conflict or high-asset? The San Diego Divorce attorneys at the Law Office of Doppelt and Forney, APLC have your back. We practice in all aspects of family law including divorce, legal separation and paternity. Call now to schedule your free consultation with an experienced attorney who will go over your case with you – free of charge. We represent clients in family law court in all of the court houses in San Diego County including downtown, Vista, Chula Vista and El Cajon.

Dixie Chicks singer Natalie Maines’ husband is seeking over $60,000 in monthly combined support (child and spousal).

Pasdar, Maines’ husband is asking for $16,427 in child support and $44,076 in spousal support per month, according to PEOPLE magazine. The pair has two sons together – Jackson, 17, and Beckett, 14.

The Law Office of Doppelt and Forney, APLC practices in all aspects of family law including divorce, legal separation and paternity. Call us to schedule your free consultation. At the consultation, we give a legal analysis of the issues with specific techniques and strategies to try and obtain client goals as well as protecting client’s rights.

If you retain our services, we are a full-service law firm. Leave all the confusing paperwork, filings and pleadings to us. We prepare the petition and summons and all the initial dissolution pleadings for filing with the San Diego Superior Court. We will assist with the mandatory preliminary declaration of disclosures including the schedule of assets and debts and income and expense declaration. We can assist with emergency hearings [ex parte] as needed. We also assist with motions for child custody, child visitation, spousal support, alimony, attorney fees, residence exclusion orders and others. We can prepare the marriage settlement agreement and judgment pleadings. We negotiate with opposing counsel and/or opposing party to try and settle case if at all possible. We represent clients in family law court in all of the court houses in San Diego County including downtown, Vista, Chula Vista and El Cajon. Our firm assists with the preparation of all pleadings and court appearances as necessary including the family resolution conferences. We can assist with income withholding orders for wage garnishments.

For Rudy Giuliani and Judith Giuliani, the third time is not the charm.

Trust the lawyers at The Law Offices of Doppelt and Forney, APLC to assist you in your divorce, legal separation or paternity case in San Diego County. During the free consultation, we will provide you with legal analysis and potential techniques to help you obtain your legal goals and protect your rights. We represent clients in family law court in all of the court houses in San Diego County including downtown, Vista, Chula Vista and El Cajon. Our firm assists with the preparation of all pleadings and court appearances as necessary including the family resolution conferences. We also handle post judgment motions including motions for modification of child and spousal support and the parenting plan as well as motions to set aside the judgment and enforcement of the judgment, among many other services.

To fully understand our range of services and how we could help you in your San Diego divorce case, call us today to schedule a free consultation.

Once the divorce is final, you and your ex-spouse will have figured out how to handle things such as child custody and visitation, child support and spousal support. But what do you do until then?

Trust the San Diego divorce lawyers at The Law Office of Doppelt and Forney, APLC to handle your divorce, legal separation or paternity case. At Doppelt and Forney, our lawyers are constantly learning and adapting to stay ahead of the curve and bring you an unmatched level of expertise.

Rushing to get a divorce? That’s the case for many local San Diego residents, working to quickly finalize their divorce by December 31st, 2018 in lieu of the new tax laws affecting spousal support.

Starting January 1st, 2019, new federal tax laws will eliminate the spousal support deduction. By divorcing in 2018, spousal support payers will be able to annually deduct the money from their taxable income, which may mean thousands of dollars in tax savings for high-income earners.

In 2015, the New York Times reported that, while divorce rates were falling in many groups, they were rising among seniors. According to a Bowling Green State University study reported by usnews.com, the divorce rate among seniors doubled between 1990 and 2010. Divorcing seniors face their own unique set of issues. One of these is the interaction of spousal support and retirement. A recent ruling from the Fourth Appellate District Court offers an important reminder that, just because you are seeking spousal support, that doesn’t diminish your right to retire.

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Romantic relationships can take many varieties and forms. While many partners desire to ensure the comfort and well-being of their partners, what happens when one partner allegedly enters into an oral contract to support the other for life? That was the issue presented to the First Appellate District recently, which upheld a lower court ruling that found the absence of a valid contract because the case lacked proof of a “meeting of the minds.”

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