Spousal support is a way to manage financial expenses and responsibilities. We have to meet our commitment as individuals to handle financial needs, even if we are divorced or separated. This article explains how child support works in California, United States.
Spousal support is the payment that one spouse makes to support the welfare of the other spouse in a divorce. This payment can be in the form of a lump sum, but is commonly paid in periodic installments. The general principle behind spousal support is that divorce should not impoverish any spouse, the purpose of support is to help each spouse maintain the same lifestyle they enjoyed during the marriage.
Support comes in two forms: established support or modified support. The established support is a fixed amount of money that the officer determines to pay each month.
Modified support is an amount of support that the officer can adjust each month, depending on the other’s financial needs. In modified support, especially in cases where children are involved, child support is also considered.
Anyone can apply for child support after a divorce or a legal breakdown. In some specific situations, there may be spousal support imposed during a marriage.
Spousal support is awarded to one spouse in the case of these three conditions:
-If a spouse cannot earn enough to support themselves
-If a spouse is the primary caregiver of a child
-If a spouse does not have enough assets to support himself
The spouse or ex-spouse (called obligor) must request support from his ex-spouse (called creditor). It usually occurs after the divorce and after the legal breakdown. To determine how many benefits minor and disabled children should receive, there are several ways in which to establish support.
Normally, the judge determines support through a collaborative agreement. The creditor can request maintenance during the divorce proceedings and the obligor (or ex-spouse) would have to respond to the legal requirement to open a case regarding spousal maintenance. If there are minor and disabled children, then more money is usually given as support until the child reaches the age of majority. If the obligee (ex-spouse) is not willing to handle the expenses and responsibilities necessary to support the spouse requesting support, then he will have to pay dearly in legal costs.
If support was determined during the marriage, then both spouses would have to continue paying support until at least one year after the legal breakdown.
Spousal support in California works as established support or modified support. Spousal support is determined in most cases by the officer and there is no maximum limit for spousal support, although it is normally up to 20% of the other spouse’s net income.
If the obligee (ex-spouse) cannot handle spousal support, then he will have to show the judge why this situation applies to him. If the obligee does not manage the expenses and responsibilities necessary to support the spouse requesting support, then he will have to pay dearly in legal costs.
In most cases, spousal support is handled by the officer and is paid monthly. Modified support is determined to receive support for one year or less after the divorce.
In California, there are significant differences between modified support and established support. In modified support, the officer may adjust the amount of support depending on the financial needs of the spouse requesting support. In established support, there is a fixed limit that the officer cannot adjust and that is generally higher than that of modified support.
This is an overview of spousal support in California. If you need the help of an expert lawyer to process your maintenance or find the best agreement for you, then please do not hesitate to contact us through the following form:
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