Guiding You Through Spousal Support Negotiations
Alongside child support, spousal support or alimony is another form of post-divorce financial support that you may negotiate for. Navigating the complexities of spousal support and alimony can significantly influence your future following a divorce. Our alimony lawyers understand that you deserve stability and fairness as you move forward, and we will help ensure your financial interests are protected. At Leigh K. Galyon, APC, we combine compassion with legal proficiency to guide you through these challenging times with the utmost professionalism and care.
We pride ourselves on delivering tailored legal services that meet the unique needs of our clients. Our financial acumen is second to none, allowing us to adeptly handle the division of complex assets and financial estates with precision and clarity. While we are often the firm of choice for complex litigation cases, we are also the trusted referral for law firms when mediation reaches an impasse and court intervention becomes necessary. With over 25 years of experience, we bring a seasoned perspective to every case, ensuring that your legal concerns are in competent hands.
Understanding Spousal Support In California
In California, spousal support is designed to uphold financial fairness in the aftermath of a divorce. Whether you need temporary support during the divorce process or are seeking a long-term arrangement post-divorce, our attorneys are skilled in navigating the nuances of all types.
California offers four types of spousal support agreements:
- Pendente Lite (Temporary) Spousal Support – Provided during the divorce action.
- Rehabilitative Support – Allowing a lower-earning spouse to eventually become self-supporting.
- Permanent Spousal Support – Awarded at the conclusion of the divorce action. It can be for a specified period or indefinite. It may also be modifiable based on a change in circumstances.
- Reimbursement Support – To recoup the funds one spouse may have provided to help finance the other’s education or career training.
We work diligently to understand your needs and represent your interests, whether in negotiating an amicable agreement through mediation or advocating for you in court.
Factors Influencing Alimony Decisions In California
The determination of alimony in California is a multifaceted process, and courts consider a range of factors when making a decision. Our lawyers are adept at presenting a comprehensive picture of your circumstances to ensure an equitable alimony outcome.
A number of factors are considered when determining an appropriate amount of spousal support, including:
- the couple’s length of marriage
- their standard of living during the marriage
- the relative income of each individual
- the needs of each spouse
The above factors could establish whether or not alimony should be granted, how much should be awarded, and for how long payment should continue. Leigh K. Galyon, APC, can help you navigate this complicated process to obtain the best spousal support award possible or, alternatively, to convince the judge that your ex-spouse does not need spousal support or needs less than they asked for.
Key Differences Between Temporary And Long-Term Spousal Support In California
California spousal support laws allow for both long-term support and short-term or temporary support, depending on the details of each case. The exact amount depends on earnings, income differences, direct financial needs, the duration of the marriage and other factors.
Temporary support is often ordered while a divorce is underway to ensure children receive the care and support to thrive during proceedings. For instance, support may be awarded to the parent with current child custody rights until the divorce concludes, at which point new support orders may take effect. The court’s determination is based on each parent’s needs and the ability to pay.
Long-term spousal support can endure long after the divorce has been finalized. The court considers factors like the duration of the marriage, each person’s earning capacity or ability to work and their financial needs. For example, support may be ordered for half the length of marriages under 10 years. In those exceeding 10 years, the court makes no assumptions about how long the support lasts, instead considering each case individually. A spousal support lawyer can help you demonstrate your needs to the court.
Paying Spousal Support
Spousal support may be paid directly, usually in monthly installments but occasionally as a lump sum payment. In many cases, income withholding (earnings assignment) is used to collect support. Similar to wage garnishment, employers withhold support funds from each paycheck, making the process automatic.
Collection Of Spousal Support
On the other side of the equation, you may be seeking spousal support order to ensure that you collect what is owed to you. Ideally, the earnings assignment will ensure you automatically get the correct payments.
If you agreed to another form of payment and your spouse fails to comply, you can ask the court to switch payments over to income withholding. A new court order may be necessary, and your ex is obligated to cooperate. Additionally, your former spouse will owe 10% interest per year on unpaid support, which is important with a significant amount of unpaid back payments.
Working For Your Stability And Peace Of Mind
At Leigh K. Galyon, APC, we help clients navigate the San Diego child support and spousal support system. Whether you are seeking alimony or opposing the payment of spousal support, we can represent you.
Our clients come to us with a variety of concerns including how long spousal support can last, whether the amount of child support can be changed and how payments should be treated for income tax purposes. We have the necessary experience to answer your questions and help guide you through the process.
Secure Your Financial Future With Leigh K. Galyon, APC
Take the first step towards securing your financial future by choosing Leigh K. Galyon, APC, for your spousal support concerns. Our seasoned attorneys are ready to provide you with the legal support you need. Contact us today at 619-573-6125 or fill out our online contact form to schedule a consultation. Let’s work together to turn this challenging chapter into a foundation for your new beginning.