The Family Law Court Proceedings On Alimony

[Eric Child Custody Law]

Alimony is a prominent topic of discussion in divorces in & around the state. This is a payment paid to a former spouse following a divorce, often known as spousal support, but it is not obligatory in the state. Following the collapse of a marriage or legal separation, the Court has the jurisdiction to reject or limit assistance in quantity or time depending on both parties' capacity to support themselves & care for their own needs.

Following a divorce, alimony is awarded based on the parties' individual conditions, including the standard of living developed during the marriage, as well as the parties' desires and willingness to pay spousal support. When deciding the amount & duration of spousal support payments, the Court considers facts and circumstances to determine each party's respective needs and capacity to pay spousal support.

The Court may not rely on speculation to determine these items and must use evidence that is on the record and reasonable conclusions drawn from the evidence. Some of the factors weighed in making this decision include the ability of the parties to maintain the standard of living based on their earning capacities.

Also, contributions made to the spouse's education or training, the ability of the supporting spouse to make payments, the assets and debts of each party, and the duration of the marriage. The longer a spouse has been out of the job market since the marriage, the more likely it is that alimony may be awarded.

The ability of the spouse to work without sacrificing the interests of the child is also considered, & the age & health of each party. The age and health of the parties may be most relevant when determining the duration of the spousal support. A history of domestic violence is also considered and immediate tax consequences of the spousal support to each party. Relative hardships of each party, spousal abuse convictions, and other factors are also considered in making the determination.

Except in the case of lengthy marriages, the duration can be around half the length of the marriage. Please remember that spousal support orders can be amended or revoked in certain circumstances, such as remarriage or death. Unless the obligation was extended, fixed-term orders are terminated after the period indicated in the order.

If you need the aid of a reliable and experienced family law attorney who knows the stress, problems, and what it takes to fight for your rights and privileges in family law, contact us today. Look no further than the office of Eric child custody, the leading Irvine Child Custody Attorney. For a consultation, call Mr. Nakasu at 1-714-916-9800.