If you are navigating a divorce, you may be asking questions about support, like, “How do courts determine temporary spousal support in California?” These questions are reasonable, as your financial situation will inevitably shift during a divorce. If you are the lower-earning spouse, temporary spousal support may be the difference between having the means to pay your housing and living expenses during this time and not being able to do so.
In the state of California, temporary spousal support may be awarded to the lower-earning spouse during the divorce proceedings to ensure this spouse is able to maintain their quality of life during this transitional period. With recent reports of California divorce rates at 8.9%, this information is essential for many seeking support. Temporary spousal support may be needed when the court determines a more permanent spousal support plan.
The support is determined by a basic formula, which generally looks like forty percent of the higher-earning spouse’s net income minus fifty percent of the net income of the lower-earning spouse. The amount that follows will be how much the temporary spousal support is. Here is an example of what this calculator may look like if the higher-earning spouse’s income is $6,000/month and the lower-earning spouse’s income is $2,000/month:
In this scenario, the higher-earning spouse will pay the lower-earning spouse $1,400 per month temporarily while the divorce proceedings are finalized. The court will not only look at income but also expenses like rent, bills, and healthcare. They consider whether one spouse is paying off things like car payments or is experiencing temporary financial hardship, like job loss.
If you believe you qualify for temporary spousal support, you can request this by filing the FL-300 form and submitting a current Income and Expense Declaration form FL-150. You should include supporting documents like bills, pay stubs, and bank records.
If your spouse or ex-spouse has been court-ordered to pay you temporary spousal support and has not done so, you have several legal tools at your disposal to enforce the order and recover the money that you are legally owed.
A common method of enforcing these temporary spousal support payments is wage garnishment. The court can issue an Earnings Assignment Order for Spousal Support form, which can automatically deduct support from the paying spouse’s paycheck. Even if they are self-employed, the court has ways to deduct this money from them.
Another option is to file a motion for contempt if your spouse or ex-spouse willfully refuses to pay you. They may then face fines, community service, and, in serious cases, jail time. For this motion to be successful, you must prove that their non-payment was intentional and that the court order was clear.
Regardless of the action you choose to pursue to enforce the support, you will need a valid court order that details the temporary spousal support, proof of the missed payments, which can be payment logs or bank statements, and financial documentation that details the other party’s ability to pay.
A: Temporary spousal support is calculated by using a standard formula that is based on each spouse’s income. It is meant to help maintain a similar quality of life while the divorce is pending. Temporary support is generally determined by taking forty percent of the higher-earning spouse’s income and subtracting fifty percent of the income of the lower-earning spouse, and the amount left over will be paid to the lower-earning spouse.
A: Temporary spousal support is a court-ordered payment that one spouse pays to the other spouse during a divorce or legal separation before the final divorce judgment is reached. The goal is to ensure the lower-earning spouse can maintain financial stability and a similar quality of life that they were used to during the marriage until permanent support, if any, is decided by the court.
A: You may be entitled to temporary spousal support during your divorce proceedings if you can prove you have financial need. Temporary spousal support is often given to a spouse if they earn significantly less than their spouse and are not able to meet their reasonable living expenses during the divorce proceedings. If you have been financially dependent on your spouse during your marriage, you may be eligible for temporary spousal support.
A: If your ex-spouse doesn’t pay their court-ordered spousal support payment, you may have several options to ensure you get the payments you are owed. It is often advisable to remind your ex-spouse of their obligation, if it is safe to do so, as they may have just forgotten. If this is not viable or they did not pay on purpose, you can contact your local Department of Child Support Services or a lawyer to enforce spousal support orders.
A: To prove you need child support in California, you will need to prove to the court that you have a significant financial need and that your spouse has the ability to pay. This often includes presenting financial documents like pay stubs, bank statements, bills, and receipts that back up your claim. You should be able to prove that your income is insufficient to cover your reasonable living expenses and maintain a quality of life similar to that of the marriage.
If you have questions about temporary spousal support or are facing an issue around the support, it may be time to meet with a trusted family law attorney to get support. By scheduling an initial consultation with a trusted family law attorney at Edgar & Dow Family Law, you are agreeing to meet with a compassionate and knowledgeable legal advocate who is ready to step in and advocate for your rights.
Do not wait to take action; reach out today. You can contact us by phone, online, or in person at one of our California offices, like the one located in Murrieta on Kalmia Street.
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