~ Spousal Support ~
What is Spousal Support?
In California, Spousal Support is paid by the higher earning spouse to help maintain the marital lifestyle while the divorce is being resolved. Spousal Support can either be temporary, based upon a Pendente Lite (pending litigation) order, or permanent as a result of a Court order or as a result of a agreement (stipulation) between the parties. Spousal Support is usually requested early in the divorce proceedings and the amount of support is typically calculated using a computer program approved by the California Judicial Council, such as Dissomaster or Xspouse. In contrast, long term Spousal Support requires the Court to consider a number of factors set forth in Family Code section 4320, such as the length of the marriage, the amount of time the parties dedicated to taking care of the home or the children and whether there were any instances of Domestic Violence in the marriage.
Attorney Don Werno has specialized training in the use of these types of programs to ensure that support in your case is not only calculated correctly, but also to your greatest advantage. There are a number of approved “tactics” that may be appropriate in your case, which other attorneys’, who are less skilled in the use of these support programs, may not know about. The bottom line is that an error in calculating support may prove to be financially devastating to you. Additionally, there are some attorneys who intentionally try and manipulate the numbers to gain an unfair advantage for their clients, especially in cases where an attorney is not truly familiar with the support programs. Don Werno knows the support programs and will work to make sure you do not get taken advantage by an unethical attorney or by a mistake made by the Court.
How Long Will My Support Last?
Unfortunately, all it depends. In many divorces, the parties come to an agreement about the amount and duration of the support; some simply choose to waive the support all together. It is also possible that Spousal Support may become a point of negotiation, along with the disposition of the other marital assets. It just depends on the specific circumstances of your case.
In California, there is a presumption that in marriages that last less than 10 years, that the supported spouse will become self-supporting within "a reasonable period of time", which is normally 1/2 of the total duration of the marriage. That is, if you were married for eight (8) years, then the Court expects you to be fully self supporting within four (4) years and may try and set the support amount and duration accordingly. Additionally, the other party may request that the Court issue a "Gavron Warning," informing the supported spouse of their need to seek self-sufficiency by a certain date. In marriages of ten (10) or more years, the Court will often order support that may continue until the death of either spouse or the re-marriage of the supported spouse. This is an important area of your dissolution and you need to make sure you have an attorney like Don Werno, Esquire who knows how to get you the support that you deserve.
What if my Ex is hiding income?
It is not uncommon for a self-employed party or someone who is “working under the table” for cash to try and understate their income to avoid paying a fair portion of their support obligation. In these types of cases, attorney Don Werno works to “trace” that income and many different techniques can be used to demonstrate that the errant parent has committed the crime of perjury by filing false income or asset statements with the Court, signed under penalty of perjury. Depending on the circumstances of your case, bank records, employment records and other types of documents may be obtained by subpoena or through discovery to document the fraudulent conduct, so that a fair support amount can be obtained on your behalf. We will, of course, ask that the Court award you attorney fees to try and compensate you for the additional time and expense that was expended to uncover the lie and prove the true earnings amount. Attorney Don Werno has extensive experience working to uncover hidden assets and will use that experience for you.
What if my Ex is unemployed or underemployed?
If a party is unemployed or underemployed, the Court can "impute" income to them based upon their earnings capacity. It is not uncommon for a party planning on getting divorced to actively reduce their income to avoid having to pay a fair support amount. Fortunately, the Court sees this type of activity every day and can, by acting in the “best interests of the child,” or a spouse, impute a certain level of income to a parent who is unemployed or underemployed, where that parent has the ability to work and yet chooses not to work to their fullest potential.
Can a Long Term Support Order be Modified?
Usually, but it all depends on whether the party seeking the change can show a "Substantial Change in Circumstances" that warrants a new order, increasing or decreasing the existing support amount. For example, if the only change in circumstance that exists is that the non-supported spouse now makes more money than when the existing order was made, the party requesting an increase in the support amount would have to prove to the Court that the original support amount was not sufficient to meet the supported spouse's needs when it was originally ordered. Further, a loss of child support is not, to the Court, a change in circumstances warranting a new support order. As you can tell, showing a change in circumstances can be tricky at times and that is exactly why you need the help of a trained professional like attorney Don Werno.
We Focus on Client Service and Results
At the Law Offices of Werno & Associates, we offer a free initial consultation and after-hours meetings by appointment. A retainer deposit is not always required and we accept Visa, MasterCard and American Express for your convenience. Payment plans may also be available, depending on the circumstances of your case. Feel free to give us a call to discuss the unique circumstances of your case and to see how we can help.
We offer our clients award winning services in the areas of Divorce, Child Custody, Child Support, Spousal Support and Modification of Existing Orders. If you are looking for a divorce lawyer, we understand family law and Don Werno, Esquire has been a divorce attorney and family law attorney for well over a decade. We are more than happy to provide you with divorce advice and to explain the complex family laws that exist in California. We are more than divorce lawyers, we are family law lawyers that care and can help.
Our offices are located near the 5 and 55 freeways in Santa Ana, Orange County, California and help is just a phone call or E-mail away. To learn more about our services, contact our office today. Se habla Español.
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