Fontana Spousal Support Lawyer

Fontana Spousal Support Attorney

Figuring out finances during or post-divorce can be truly overwhelming and stressful. You may be expecting spousal support and not be eligible, or you might feel you do not have the means to pay spousal support when the court demands this of you. Regardless of your situation, working with a Fontana spousal support lawyer from Edgar & Dow Family Law is the right next step for the fairness of your case.

Spousal support may be required by the court after a divorce as the courts seek to ensure financial fairness and balance between divorcing spouses, especially if one spouse leaves the marriage at a financial disadvantage.

Factors Influencing Spousal Support

With the national divorce rate at 6.9 as of 2021, conversation and education around spousal support are necessary. California’s Family Code 4320 sheds light on what spousal support is determined from. Key factors that influence spousal support under this code include the following:

• Earning capacity of each spouse.
• Standard of living during the marriage.
• Length of the marriage.
• Age and health of both parties.
• Assets and debts.
• Ability to pay support.
• Contributions to the marriage.
• Needs of each party.
• Balance of hardships.

All these factors, and more, depending on the unique situation, will be examined by the courts as they determine a need for spousal support. They aim to understand if both spouses can be self-supporting. Courts hope to find a fair balance and ensure that one spouse doesn’t experience great financial suffering due to the divorce, especially if the marriage was long and they contributed greatly to the marriage, like by managing the household or being a parent.

How a Spousal Support Lawyer Can Help

A spousal support lawyer can offer essential support to their clients who are navigating divorce and spousal support determinations. Their main goal is to advocate for their client’s needs and find a fair result that comes from an accurate representation of their financial standing. A lawyer can support you in the following ways.

Analyzing Your Legal Position

Divorce law in California can be challenging to understand, and it can be hard to know your rights. A lawyer ensures that your rights are protected and that you understand all of your options. They can help you understand what financial support might look like so you can prepare financially for your future.

Understand Financial Standing

A lawyer can look at key documents like tax returns, pay stubs, expense records, and asset disclosures to ensure the court has an accurate understanding of your financial situation. They can identify any key factors that may influence spousal support, like hidden income, unreported assets, or undervalued property. This can assist in building a solid case that represents the need for support or an inability to pay support.

Court Representation

As you move towards court, a lawyer is key as they can represent you in any negotiations and fight for a fair support agreement through mediation, and if that is unsuccessful, in front of a judge. In Fontana, this may mean visiting the courthouse located on Arrow Boulevard.

Draft, Challenge, and Modify Spousal Support Agreements

Your lawyer can review spousal support agreements, draft stipulations, or settle agreements. They can review and challenge any terms and fight to protect your rights from any unfair or unenforceable terms. If any circumstances change, they can help you modify or terminate support.

FAQs

Q: What Is the Average Spousal Support Payment in California?

A: The average spousal support payment in California can vary widely, as it is dependent on unique factors that are different in each case. Spousal support amounts are influenced by the specific state where it’s awarded, the length of the marriage, each spouse’s income and contribution both financially and non-financially to the marriage, and much more. The amount paid can also depend on how long the support is required.

Q: What Disqualifies You From Spousal Support in California?

A: There are several factors that may disqualify you from spousal support in California. In general, if you are self-sufficient or able to support yourself post-divorce to a similar level of quality of life, you may not be eligible. Courts also look at the amount of time you were married, and for a shorter-term marriage, you may not be eligible. If you earn a similar income to your spouse, your request for support will likely be denied.

Q: How Do I Fight Spousal Support in California?

A: To fight spousal support in California, you will need to prove or disprove the grounds on which spousal support is or isn’t being court-ordered. This may mean proving to the court that your ex-spouse is, in fact, self-sufficient by showing proof like tax returns, pay stubs, or bank statements. You can also present your valid prenuptial or postnuptial agreement if there are agreed-upon terms over how assets are divided during a divorce.

Q: Can I Amend My Spousal Support Agreement?

A: Yes, you may be able to amend or modify your spousal support agreement in California if you can prove a significant change of circumstances in either spouse’s financial standing. A change of circumstance that may warrant this includes a remarriage, a death, cohabitation with another romantic partner, a significant increase or decrease in income, or if both parties mutually agree to do so. To amend spousal support, you will start by filing a FL-300 form with the court.

Q: How Long Do I Need to Pay Spousal Support?

A: The length of time that you are required to pay spousal support will vary depending on a few key factors in your unique case. Ultimately, the court will determine a timeline, but factors that can influence it include how long the marriage was, with longer marriages often resulting in a longer pay period, if one spouse has health conditions, and more.

Speak With a Trusted Spousal Support Lawyer Today

If you have further questions or concerns regarding spousal support in your unique situation, reach out to Edgar & Dow Family Law today to set up an initial consultation with a trusted spousal support lawyer.

One of our team members can meet with you, learn about your situation, and help you make informed decisions moving forward that lead you toward your desired result. Do not hesitate to reach out for more information. You do not have to navigate this complicated time on your own.