Costa Mesa Child Custody Attorney

These are some of the common tactics used by bitter parents during a divorce proceeding. Unfortunately, some parents engage in these kinds of behaviors unknowingly. Our minds have a way of playing games, especially in circumstances where emotions run high. Therefore, parents often totally believe that what they are saying is true. Although, of course, there are instances where the above behaviors are actually happening, it is more often the case that such accusations are the creation of our own minds, especially when there is animosity over the reasons leading to divorce.

As a counselor, a good attorney may suggest that their clients seek therapy to resolve these issues, for the purpose of lessening anger toward the other parent and, instead, act in a manner that promotes the best interests of the children. Contact at Costa Mesa Child Custody Attorney.

SPOUSAL SUPPORT is often necessary because in a divorce or separation, one spouse typically moves out of the marital residence. If that spouse was also the primary income source for the household, that creates an increased need for income for the remaining spouse.

For that reason, that spouse can request an award of temporary spousal support pending a divorce or separation judgment through a Request for Order. The Court will make a decision by evaluating the factors described in Family Code Section 4320, commonly known as the “4320 factors.”

Because bills can quickly pile up before relief is granted, a court can order Retroactive Spousal Support to the date of filing the request for order. In certain cases, the Court can also award temporary Spousal Support retroactive to a date pre-dating the filing of the request for order based on Family Code Section 4333 based on the holding in Marriage of Mendoza & Cuellar (2017) 14 CA 5th 939 citing Marriage of Dick (1993) 15 CA 4th 144. However, this may be limited to certain facts. In this case, the non-moving party evaded service of the summons to prevent any temporary spousal support orders from being issued in the first place which the Court sought to remedy through its ruling.

Either way, if a moving party is requesting retroactivity to the date of filing, the requesting party must offer facts supporting the need for spousal support, such as recurring bills for expenses and bank statements showing recent deposits. This process can often feel overwhelming. For guidance in the preparation of such a request, it is helpful to have an experienced attorney aid you. At Jos Family Law, a team of experienced, dedicated experts can prepare your request and compile your documents in the most persuasive way.