Orange County Spousal Support Attorney

Practice Areas

DON'T LET YOUR SPOUSE LEAVE YOU HIGH & DRY - THE TOP ORANGE COUNTY SPOUSAL SUPPORT ATTORNEY IS HERE FOR YOU!

Don't let your spouse leave you high and dry if they earn significantly more than you do! A top Orange County spousal support attorney is here to protect your rights if you feel that your spouse should be providing you with financial support as part of the divorce settlement. There is a shared obligation of support between spouses or registered domestic partners who are living together, as stated in California Evidence Code §4300.

Spousal support might be something you need to consider if you are facing a divorce and have been married for more than 10 years (if less, the court's ability to award spousal support is limited to the length of the marriage).

It's important to understand that the amount of spousal support you may receive depends on many factors set forth in Family Code §4320. There are 2 main types of spousal support – temporary and permanent, or spousal maintenance as it's called by some.

Are The Husband & Wife Entitled To Equitable Distribution?

Under California law, when a marriage ends and the two parties are no longer living together as husband and wife, they will be entitled to equitable distribution of their assets if there are adequate assets to meet each party's needs for maintenance. These assets will be genuinely divided in an equitable fashion.

The important thing is that both spouses get what they need out of this process and that it is done fairly. If you're having trouble getting your ex-spouse to agree on a support or settlement agreement, call our top Orange County spousal support lawyer today!

How Much Alimony Should I Get Or Pay?

A good way to figure out the amount of spousal support you should receive or pay is to take your ex's income and calculate an amount in proportion to your earnings and the duration of the marriage.

So if you've been married for 5 years & your ex makes more than you do, your ex may owe you some spousal support. There are many vital factors that affect the amount of spousal support one person will have to pay or receive.

  1. The actual number of years you were married
  2. Your current & future earning capacity
  3. Your joint property interests
  4. Whether there are children
  5. Who actually needs help with their living expenses.

Many other factors influence how much alimony someone may be required to pay or may be able to collect. There is no hard-&-fast rule on how much is owed in spousal support after a divorce. It truly depends on the couple's financial situation & how long they were married. But knowing the fact that you might be eligible for alimony payments can serve as leverage when negotiating a settlement or litigating issues in court.

How To Fight An Unfair Spousal Support Agreement

Unfair spousal support agreements can be difficult to enforce. There is a specific way to fight an unfair spousal support agreement in California. You will need to have what is called clear & convincing evidence that your ex-spouse has violated the terms of the agreement, which includes:

  1. Your ex-spouse's violation must not be trivial or technical.
  2. Your ex-spouse must have voluntarily agreed to the violation.
  3. You cannot have caused the violation through willful neglect or fault.

When you want to modify your current spousal support order with these violations, it is crucial that you consult a qualified attorney who specializes in family law. A skilled lawyer will be able to tell if there are any valid grounds for filing for modification of your existing spousal support order.

To get what you truly deserve in the divorce settlement it's crucial to ensure that you're working with a seasoned Orange County spousal support attorney who understands the ins & outs of family law and isn't afraid to fight in court on your behalf. Our family law lawyers at Jos Family Law have over 55 years of combined experience assisting families with family law conflicts. Contact Jos Family Law today for a initial consultation.

Orange County Spousal Support Attorney

Frequently Asked Questions

In Orange County, spousal support is paid by the higher earning spouse to the lower earning spouse. The payments are meant to help the lower-earning spouse maintain the same standard of living they had while married.

Spousal support is determined by a judge & is based on factors such as the incomes of both parties(you & ex), the length of the marriage, and the standard of living during the marriage. It is important to remember that all couples are different & the amount of spousal support may vary depending on the case.

The length of time spousal support must be paid can depend on a variety of factors. Generally, it lasts until one of the spouses has remarried, but it can also be based on the length of the marriage or other court-mandated terms.

If a significant change in circumstances occurs, then the court may modify or terminate spousal support orders. Examples of these changes can include one party losing a job, obtaining a higher-paying job, or a major illness impacting the ability to pay.

Yes, if you are the one paying spousal support, you may be eligible for a deduction on your taxes. Nonetheless, it is important to speak with a tax professional about this, as there are specific requirements that must be met for the deduction to be approved.

If your spouse refuses to pay court-ordered spousal support, then you can file a motion for contempt against them. This will require your spouse to explain why they have not paid their obligation and could result in fines or jail time if they do not comply with the court's order.

Yes, spousal support is considered taxable income by the IRS and must be reported accordingly.

Get In Touch

Our attorneys are here to help you during every stage of your case. Schedule a confidential consultation and know your options with the seasoned counsel of top family law attorneys.

Contact Information

Please call, email, or contact our office online to arrange an appointment for your case today.

1918 W Chapman Ave Suite 200, Orange, CA 92868

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Sonia Fernández

Jos exhibits exceptional compassion and understanding, promptly addressing all inquiries to facilitate clarity and calm throughout the process with comprehensive and sincere explanations. He offers potential solutions to minimize unnecessary court costs. His team operates efficiently and effectively to complete the task. I highly recommend this law firm as it operates with integrity.

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Carlos Serrano

Thank you very much to Mr. Jos and to all his group of professionals who helped me get out of my child support case with a very good result. Each case is different and my case was very complicated. I live in the state of Virginia and the child support office of the state of California was starting a case against me, the amount they wanted me to pay was ridiculously high I didn't know what to do because I don't live in California and I had never met the child either. I searched online for a lawyer in California and thank God I found Mr. Jos's law office. I don't know them personally but I put my trust in them and they didn't disappoint me. We had very good communication despite the distance and they were always available to talk to me and clarify my doubts. Mr. James was the one who took my case to the end and after a long and very difficult process everything went very well in my favor much more than expected. I am very grateful to God for putting the entire team of professionals from Mr. Jos' office on my way. Words are not enough for me to describe everything they did for me and how grateful I am. I definitely recommend Mr. Jos's law firm. Thank you Mr. James for not giving up in my case and having achieved a magnificent result in my favor.

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Alexandra Duvall

Jos Family Law has been absolutely fantastic in helping me through my child custody case. Mr Jos communicated with me throughout the entire process. He was very empathetic and understanding with my case and my concerns. The team was always supportive and never once did I feel like they didn’t take my case seriously. I’m so grateful I chose this law firm to represent me and I would 100% recommend this team to anyone seeking assistance. In the end I received the outcome I was looking for which was Sole Physical Custody. Thank you so much Jos Family for representing me.

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Marco Galatro

This was the second attorney that represented me for my divorce. Binoye is a very knowledgeable, fair and professional attorney. They are reliable and this made my experience way less painful. They are definitely not greedy for money, they are not one of the many attorneys out there that overbill for their services. I truly recommend them.

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Roya

Mr. Jos is by far the best attorney l've ever had to work with. He is diligent, extremely prepared and informed and patient with his clients and goes above and beyond the call of duty to make sure you get the results you are hoping for. I recommend him to anyone who needs a Family attorney.

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Ricardo Lajaruna

My most sincere gratitude to the attorney Mr. James Sowers, who is very knowledgeable about the law, works with and for his clients. He is very transparent, honest and I am very grateful for his great support. His legal representation is highly recommended!!!

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Nader Zayid

JOS family Law took on my case which entailed custody and move away components and I honestly could not say enough great things about JOS Family Law! Mr. Jos is not only extremely knowledgeable and professional, but it is also extremely obvious how much he cares for his clients on a personal level as well. There is an expression that two heads are better than one, however, Mr. Jos' philosophy takes it further as eight heads are better than two. It was so impressive and reassuring how collaborative everyone at the office works together to meet on regular cadences and discuss their client's cases to brainstorm strategies in order to seek the best possible outcome for their clients. Mr. Jos has an amazing team of extremely talented and knowledgeable attorneys that have worked together on my case. James was the lead attorney on my case and also represented me in my hearing. James was able to get us everything we were asking for as he successfully proved that full custody remaining with me is in the best interest of the children and that the move away is in the best interest of the children as well. We were able to come up with a plan to ensure that the children's mother can visit regularly and still maintain a healthy relationship. James is a rock star attorney! I would without hesitation refer anyone seeking help in a family law matter to call Jos Family Law!

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(714) 733-7066