Dispelling Misconceptions about Spousal Support in Fresno
There are many misconceptions about spousal support laws and it is no wonder with all the changes to the spousal support law in the past ten years. Combining this with the fact that each state has its own set of laws makes deciphering spousal support laws even more complicated. Additionally, spousal support issues are often laden with thoughts of resentment and disappointment. Fresno Attorneys Gilbert Fisher and Bryan Leiser understand this complexity and are dedicated to bringing about a positive outcome for your case.
Question: Are spousal support laws designed to protect the partner that can afford a better lawyer?
The truth is that the spousal support law is written to allow each partner the ability to continue living an equal financial standard of living. Therefore, if support is awarded, it will generally be awarded to the party with a lower income and in an amount that compensates for the difference. However, other significant factors, such as need or the ability to work, may influence these guidelines.
Question: In a divorce does the spousal support law always apply?
An award of spousal support is not automatically given in every case. Spousal support is awarded based on need and ability to pay, and must be requested in the documents filed with the court. It is important to carefully review any documents filed by the other party as well, as the standard family law forms allow a party to request a termination of the court’s jurisdiction to award spousal support by simply checking a box. This is often overlooked by those not familiar with the forms.
Other Factors in Determining Spousal Support
Typically spousal support lasts for one half the length of the marriage; however in marriages over ten years the court may retain jurisdiction to award spousal support indefinitely. Spousal support law allows the judge to take many things into consideration when deciding what spousal support should be ordered. The length of the marriage, the age and health of each spouse, debts and property, whether having a job would make it too hard to take care of the children, what each person pays or can pay (including earnings and earning capacity), per spousal support laws in the state of California these are some of the many factors in the awarding of spousal support.
To learn more about California spousal support laws, or for a consultation about your divorce, please email the Fresno Law Offices of Fisher & Leiser or call 559-892-0365.