Spousal Support

Beverly Hills Spousal Support Lawyers

Experienced and Strategic Attorneys Advocating for Your Right to collect Spousal Support

If your divorce agreement included spousal support, you have the right to take action if your ex-spouse is not providing you the financial support you are due. California offers a few different options for spousal support with varying durations, so it is advisable to consult an experienced lawyer to better understand how you might resolve your specific spousal support issues. e-enforce-ca is led by four analytical and strategic lawyers who have each been practicing law for 66 years collectively; they know how to build a case for enforcement and ensure your spousal rights are being protected every step of the way.

Contact e-enforce-ca online for a free consultation to get started on your case.

Types and Duration of Spousal Support

California courts offer temporary support, rehabilitative support, permanent support, and in some cases reimbursement support. The type of support largely determines the amount and length of spousal support payments.

Temporary support typically lasts from the date it’s requested until the date the divorce is finalized. The purpose of temporary support is to help a lower-earning spouse cover living expenses during the divorce process. The courts will calculate the temporary support amount according to the California child support guidelines (as opposed to the factors below). Note that an award of temporary support does not guarantee that you will have a permanent order.

Rehabilitative support, the most common type of support, is for cases when one spouse earns more than the other or was the primary earner in the family while the other spouse cared for the children or home. Rehabilitative support is meant to provide the lower-earning spouse enough support for them to obtain job skills or education to find employment and eventually become self-supporting. Typically, rehabilitative support lasts only as long as it takes for the supported spouse to acquire necessary skills or get a job.

Permanent support is a much rarer option is reserved for spouses ending a long-term marriage (10 or more years) and where one spouse cannot enter the workforce due to age or illness. Permanent support generally lasts until the supported spouse remarries, further order of the court, or if either party dies.

How the Court Determines Spousal Support

Either spouse has the right to request spousal support, but the court will only grant support if the spouse responsible for paying is able to. As discussed above, temporary support will be granted based on the financial status of each spouse, including information about income, expenses, assets, and debts.

For the other types of spousal support, the court will determine each spouse’s income and evaluate the following factors:

• each spouse’s earning capacity;
• the extent to which the supported spouse contributed to the other’s educational degree or professional license during the marriage;
• the paying spouse’s ability to pay spousal support, considering earning capacity, earned and unearned income, assets, and standard of living;
• each spouse’s needs, based on the marital standard of living;
• each spouse’s debts and assets, including separate property;
• the length of the marriage;
• the supported spouse’s ability to become employed without interfering with the care of the minor children;
• each party’s age and health;
• whether there is a documented history of domestic violence against either party or the children;
• tax consequences to each party;
• the balance of hardships to each party;
• the goal that the recipient spouse will be self-supporting within a reasonable period;
• any criminal conviction of an abusive spouse; and
• any other factors the court wishes to consider.

Spousal Support Payments

There are several ways spouses can make spousal support payments, based on their financial situation and the amount they are expected to pay. In some cases, a spouse who owns a significant amount of separate property or money may make a lump-sum payment of property or cash to the receiving spouse. This foregoes the ongoing need to make monthly payments and the possibility of the other spouse asking for an increase in support later. From the perspective of the supported spouse, lump-sum payments can help avoid concerns of the other spouse failing to pay in the future. 

More often, however, the court will order periodic payments in various forms. For example, the court might issue an income withholding (wage garnishment) order to the paying spouse’s employer, which will direct payroll to withdraw the spousal support from their paycheck and redirect to the supported parent. 

If the paying spouse fails to follow the court order for spousal support, you can request intervention from the court to recoup the missed payments. This can be a complex legal process, but e-enforce-ca is here to take over the legal headache for you. The attorneys at the firm have decades of experience enforcing spousal support orders. They are not a collection agency, but e-enforce-ca will utilize the law to help you obtain the money you are owed for back spousal support.

Don’t let your spousal rights slip between the cracks. e-enforce-ca can help you assert your right to spousal support in Beverly Hills and ensure your ex-spouse doesn’t skirt their financial obligation. Schedule a free consultation online to get started immediately.