August 05, 2020

Chino Hills Spousal Support Lawyer

If you are getting a divorce, spousal support may become part of the final divorce decree. Spousal support is a hotly contested issue that many couples spend a great amount of money arguing over.

If you have a prenuptial agreement, it can prevent you from needing to do so, as many prenuptial agreements have specific provisions regarding spousal support. However, if you do not have a previous agreement in place, it is possible for either one or both of you to request spousal support from the other party.

Spousal support can also be given to domestic partners, although it is called partner support instead. Working with a Chino Hills spousal support lawyer is the best way to ensure that the decree and any resulting spousal support are in your favor.

You Need to Go to Court to Receive Spousal Support

If you want spousal support, you will need to go to court with the assistance of a Chino Hills spousal support lawyer. In California, you can ask for temporary spousal support to be paid while your divorce or legal separation is proceeding.

You can then make a request for permanent support as part of the final divorce proceedings. A judge may use a formula to determine how much support you should receive, in addition to taking compensating factors into consideration.

Spousal Support for Parents Raising Children at Home

If you have young children at the time of your divorce, there is a high chance one partner will have to pay the other spousal support. Working with a Chino Hills spousal support lawyer will help to make sure the amount of support is reasonable and fair.

When one spouse is currently staying home to raise the children, it is particularly likely that spousal support will be awarded. Day care is incredibly expensive, so it often makes more sense to pay spousal support in order to have a biological parent take care of the children, rather than paying a third party to do so.

Simultaneously, if that same spouse gave up his or her job in order to take care of the children and run the household, it is likely that the other spouse will be required to pay support. If this is the main reason for the award, there may be a provision put in place where the support would be reduced or eliminated once the children were older and no longer in need of that level of care.

Other factors that a judge considers include the following:

  • How long you were married
  • If both spouses can maintain their standard of living after the divorce
  • The age of each spouse
  • The health of both parties
  • If the marriage impacted one spouse’s career or earning ability
  • The tax implications

Build Your Case with the Help of a Chino Hills Spousal Support Lawyer

I can meet with you to review your case and discuss your marriage in detail. This is necessary for building a strong case explaining why you deserve spousal support. I will need to know about your job skills, your obligations toward the children or other dependents, if you have sources of income, how a divorce could impact your lifestyle, and more.

By gaining a full overview of your particular situation, I can recommend how best to proceed with filing your case. Call 909-466-7661 to schedule an appointment and get started on your case.

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