Spousal Support Lawyers in Upland
How do I apply for spousal support?
In California, a request for spousal support may be filed simultaneously with a petition for legal separation or dissolution of marriage. The spousal support order made before the entry of a judgment is considered temporary, and the order in the final judgment is considered permanent. Establishing a temporary or permanent spousal support order is complicated. The experienced Upland divorce attorneys at the Law Offices of Heidi Romeo & Associates explore all factors that can affect the determination of a temporary or permanent spousal support order.
Factors that affect spousal support evaluations can include - among many others - the financial situation, age, health, and education of each party, as well as the duration of the marriage and the standard of living within the marriage. Whether either spouse contributed to the education or training of the other spouse may also be factored into the equation. These and other considerations are set forth under California Family Code § 4320. In some cases, a vocational evaluator may be appointed to determine the income potential and employability of the supported or supporting spouse.
How do I modify existing spousal support?
Modifying spousal support is complicated and requires proving a significant change of circumstances. The amount of time a spouse has been paying is, on its own, insufficient to show a change of circumstances. On the other hand, proving that a spouse is cohabiting with a member of the opposite sex, and thus has a reduced need for spousal support, is a basis to modify support; however, this is sometimes difficult to prove and often requires extensive discovery. When the court makes an order of temporary or permanent spousal support, it is usually necessary to give the supported spouse a warning so that they can become self-sufficient within a reasonable period of time.
Call the Law Offices of Heidi Romeo & Associates for Representation
As experienced Upland divorce attorneys, the team at the Law Offices of Heidi Romeo & Associates strives to ensure that every client understands the tax consequences of spousal support orders, and they take steps to assist with the enforcement of those orders. It's easy to call and get a free case evaluation - it's not easy to manage the intricacies of California family law without legal help. Don't wait! Call the attorneys at the Law Offices of Heidi Romeo & Associates today.