Westlake Village Spousal Support Attorney
Understanding the Need for Temporary Spousal Support
In many divorce cases, one spouse or domestic partner was dependent on the other for financial support while married and may therefore face financial stress upon divorce. That is why spousal support is so important.
Most cases of spousal support are temporary and are paid for a set amount of time, or until the recipient spouse finished school and / or obtains a job and can support themselves. In order to obtain fair spousal support or to avoid being ordered to pay too much, it is vital to retain a Westlake Village divorce attorney who knows your rights and has the experience and skill to fight for a fair court order. Richard Ross Associates can help!
Calculating Spousal Support in Ventura County
For temporary spousal support, Ventura County family court will calculate 50% of the supportive spouse's total net income and will subtract 40% of the recipient spouse's total net income to determine the amount of support.
For ongoing support, the court will consider issues such as:
- The length of the marriage or domestic partnership
- The income of each party
- Each party's living expenses
- Each party's ability to pay
- The age and health of each party
- The education or career level of each party
- The tax impact of spousal support
In addition, the law defines a "marital standard of living," or the lifestyle that both spouses were accustomed to before the divorce. This can be a factor when one spouse took care of household duties or childcare while the other spouse worked. It is meant to prevent the lower earning spouse from being negatively affected by a spousal support arrangement.
Mediating & Modifying Spousal Support
Mediation may be a good idea in uncontested divorce cases where spouses can come to an agreement about support payments. Though this is often a highly contested issue, mediation may help you avoid the stress and expense of court. A neutral third-party will act as a facilitator throughout the process.
In addition, if your circumstances have changed, such as when you have lost a job, gained a job, or have become incarcerated, it is important that you act quickly to change the terms of your agreement. Not paying support is not an option and can lead to serious penalties. Instead, a modification can ensure you are paying or receiving the proper amount for your unique circumstances.
Why You Need a Westlake Village Divorce Lawyer
If you are looking to get a divorce, it is vital that you retain a family law attorney in Thousand Oaks right away to ensure that a fair spousal support order is granted. You will need the aggressive and persuasive representation of an experience attorney in order to do so. You could also draft a spousal support agreement outside of the courtroom without litigation through collaborative law. Consult with an attorney from Richard Ross Associates today for the counsel and guidance you need. Attorney Ross has over 30 years of legal experience and is a Certified Family Law Specialist. Contact our firm today!