Spousal Support (Alimony)

Our Spousal Support Attorneys

When a marriage ends, one person often provides continued financial support to the other in the form of payments called “alimony” or “spousal support.” Traditionally, it was the husband who paid alimony to the wife, but with the rise in the number of dual-income households, support is generally paid by the spouse who earns the healthier income. Our spousal support attorneys can assist you in sorting through these sometimes difficult details in your spousal support/alimony case.

Temporary Spousal Support

Temporary Spousal Support is generally established at the beginning of your divorce case. Such support is based upon economic circumstances between the parties. Generally, the greater the difference between the parties income, the more support that one spouse pays to the other. The court may also consider the marital lifestyle of the parties in determining support. Our attorneys can help.

Permanent Spousal Support

Generally, this support is set at the end of your divorce case and is based upon a series of factors contained in the California Family Code. Some of these factors include:

• The financial resources of the party seeking alimony, including marital property apportioned to the party, and the party’s ability to meet needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;
• The time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment, and the probability, given the party’s age and skills, of completing education or training and becoming fully or partially self-supporting;
• The standard of living established during the marriage;
• The duration of the marriage and, in the case of a homemaker, the length of absence from employment and the extent to which any education, skills, or experience have become outmoded and earning capacity has become permanently diminished;
• The loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking alimony;
• The age, and the physical and emotional condition of the spouse seeking alimony;
• The ability of the spouse from whom alimony is sought to meet needs while meeting those of the spouse seeking alimony; and
• The contribution of each party in the acquisition, preservation, depreciation, or appreciation in the amount or value of the marital property, as well as the contribution of a spouse as a homemaker or in furtherance of the other party’s employment or business.

Of importance, the Court will not consider “fault” as part of a spousal support award. In other words, even the party who seeks a divorce, or whose conduct was immoral or dishonest during the marriage, may be awarded spousal maintenance from the other.

Modification of Spousal Support

After support has been determined, factors or circumstances once considered by the court, often change. Your income may have been reduced; your former spouse’s income may have increased; medical conditions may be an issue. There is an infinite list of possibilities which could affect the amount of support that you receive or the amount of support you should be paid. Our attorneys can assess your case and determine if a modification or termination of support would be available to you. We fight for your rights.

Wage Garnishments

Wage Garnishments are available to collect upon your spousal support or child support orders. Such garnishments insure prompt payment directly from the employer of your former spouse. Our attorneys can place wage garnishments or we can terminate wage garnishments currently in place.

Always a Free Case Evaluation

Have additional questions? Contact The Arnold Law Group today. We offer free case evaluations to all potential clients. Call (559) 439-0900, or complete our free case evaluation form.

If you are considering divorce, child custody, support, adoption contact the Arnold Law Group. We are Fresno Family Law Attorneys committed to your future. We proudly serve the residents of the California Central Valley, including: Fresno, Clovis, Bakersfield, Hanford, Lemoore, Tulare, Visalia, Porterville, Madera, Chowchilla, Oakhurst, Coarsegold, Bass Lake, Merced, Modesto and all surrounding areas.