Temporary spousal support refers to the money that one spouse will receive from the other while divorce proceedings are underway and until a final decision on child custody, child support, and spousal support has been made. It can be granted as part of the divorce proceedings itself or as part of the judgment at the end of the divorce case.
Either way, temporary spousal support is given only until it is determined whether or not longer-term support should be awarded to either spouse. Here's what you truly need to know about temporary spousal support in Orange County.
When Can It Be Awarded?
Temporary spousal support, or emergency spousal support, may be awarded when the court believes that there is a risk of immediate & severe economic crisis to the supported spouse if it is not granted. Generally, it is awarded for a few months to years.
To have an award of temporary spousal support made permanent, the requesting party will have to show clear and convincing evidence that there are facts justifying a longer duration.
If this standard is not met, then the judge must issue a final order terminating all awards. There is no provision for temporary spousal support to continue indefinitely.
Calculating A Temporary Spousal Support Amount In Orange County
Temporary spousal support will be determined by the court. The main issue in determining temporary spousal support is usually how long the marriage was and the financial circumstances of each spouse.
Generally, the courts will award temporary spousal support for a duration that they deem appropriate based on the needs of both spouses until a more permanent agreement can be reached.
In some cases, the court may order one spouse(ex) to pay temporary spousal support to the other without requiring any obligation from either party to modify or terminate it at a future date.
In cases where one party has been out of work or unemployed due to personal reasons during their marriage, such as illness or disability, there may be an order for rehabilitative alimony with no definite termination date specified. In the majority of cases, the judge employs a mathematical formula to determine needs and capacity to pay.
The common formula for temporary spousal support:
Monthly support = 40% of the higher earner's monthly net income − 50% of the lower earner's monthly net income
In your court, the judge may or may not use this formula.
Difference Between Temporary & Permanent Spousal Support
Temporary spousal support is given for a fixed period and will end when the court order expires. Permanent spousal support does not have an expiration date and may be given until death or remarriage.
The amount that one spouse must pay to the other can vary depending on factors such as each spouse's income, length of the marriage, etc. It is essential & vital to know that temporary spousal support can turn into permanent if certain conditions are met.
What About Health Insurance & Retirement Benefits?
It depends. If you have a job with an employer that provides these benefits, then the court may require you to cover your spouse with company-sponsored benefits. However, if you are self-employed or work for a company that does not provide these benefits, then you will have to pay spousal support.
In those cases, temporary spousal support often lasts until the person finds employment. Your health insurance and retirement benefits depend on how long you can afford to provide coverage for your spouse. The longer your marriage was, for example, or if there are dependent children involved, then it is likely that temporary spousal support will last longer than with a short-term marriage or no children.
Many times, courts do not order a permanent amount of spousal support until retirement age. If one of the parties has dependent children, this becomes another factor in determining how long temporary spousal support should last.
Is There Anything I Can Really Do If I Disagree With The Court's Decision?
Temporary spousal support can last anywhere from a few months -to- a few years, depending on the jurisdiction. If you don't agree with the Orange County ruling, then it might be time to talk to an attorney. The length of temporary spousal support will vary based on individual circumstances and what each party needs to get back up on their feet and start rebuilding their lives.
For example, if the couple has children, the parent receiving spousal support may need more help with childcare expenses for at least two years after separation for them to go back to work or attend school full-time. In other cases, temporary spousal support may last only until one spouse finds another job.
The best thing to do is consult with our seasoned attorneys at Jos Family Law about your particular case so that you can get a better idea about how long your situation will require spousal support and how much should be paid each month.
What To Do If You Have Limited Earnings Yet A Court Order To Pay?
If you are ordered to pay temporary spousal support but have limited income, there are a few steps you can take:
? Talk to your spouse about using non-monetary assets such as the family home for partial payment of support.
? If you are behind on payments and will not be able to catch up shortly, consider asking the court for an extension. It is important to note that the judge may request additional information before granting this extension.
? If you are worried about paying for both spousal and child support at the same time, ask your spouse whether they would agree to voluntarily relinquish their rights as a parent by executing a form called Voluntary Relinquishment of Parental Rights, which may result in lowering or ceasing your child support obligation.
The wise thing you can do is consult with a seasoned attorney right away & get a clear idea about your situation.
Can The Amounts Increase In Orange County?
Temporary spousal support payments are governed by the California Family Code and are designed to provide the supported spouse with sufficient income during the pendency of the case. However, there are limitations on how long a court can order temporary spousal support or how much it can award.
The bottom line here is that there are all sorts of limitations on how much temporary spousal support can be awarded and for how long it can be ordered. What's more, even if you've obtained an award of temporary spousal support, that award may ultimately be modified or even terminated depending on what happens in your divorce case!
Wrapping Up
It's important to know that there are many essential factors that can affect the duration of temporary spousal support. Also, there are limitations on how long a court can order temporary spousal support or how much it can award.
To ensure you're getting the appropriate amount of time it's best to speak with a seasoned family law firm in your area & who could be better than Jos Family Law? They'll be able to review your situation and let you know how long they think will be adequate.
They could help facilitate discussions between both parties and figure out an arrangement that everyone can agree on and sign off on so neither party has anything left outstanding when they go their separate ways. Remember, this type of arrangement does not necessarily have to be permanent - it's just for now!
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