Frequently Asked Questions on Temporary Spousal Support in California
See below for a discussion on some of the most commonly asked questions surrounding temporary spousal support in California.
Q: What Is Temporary Spousal Support?
A: Temporary spousal support is a court-ordered payment that one spouse pays to the other spouse during a divorce or legal separation. The order is meant to help a lower-earning spouse to maintain a similar quality of life to what they had been living during the marriage, while the divorce is pending.
Q: How Is Temporary Spousal Support Calculated?
A: In California, an order for temporary spousal support is calculated by using a standard formula based on each spouse’s income. Temporary support will generally be determined by taking forty percent of the higher-earning spouse’s income, then subtracting fifty percent of the income of the lower-earning spouse. The difference is what is to be paid to the lower-earning spouse. There are, of course, nuances to this process that should be discussed with an experienced attorney.
Q: Am I Entitled to Temporary Spousal Support?
A: It depends. Temporary spousal support will often be granted when one spouse earns significantly less than the other – but it is not guaranteed. The court considers many factors in its deliberations. An experienced spousal support attorney can help you understand the factors at play in your own situation.
Q: What Do I Do If My Ex-Spouse Doesn’t Pay?
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.
Q: How Do I Enforce a Temporary Spousal Support Order?
A: If your spouse or ex-spouse has been court-ordered to pay temporary spousal support and hasn’t done it, you have several legal tools at your disposal. The law has been developed to give spouses the tools they need to have these orders enforced and to recover money that you may be legally owed.
A common method used to enforce the order is actual wage garnishment: the court has ways to automatically deduct funds from an individual’s paycheck and redirect them. Other options include filing a motion for contempt. An experienced attorney can help you understand what this process entails.
Q: How Can I Prove I Need Spousal Support?
A: Be prepared with evidence (e.g., paystubs, bank statements, bills, etc.) to show the court that you have a significant financial need, and your spouse has the ability to pay.
Contact Cardwell Steigerwald Young LLP Today to Learn More
Everything surrounding a divorce or potential separation can make life feel uncertain. The experienced San Francisco spousal support attorneys at Cardwell Steigerwald Young LLP can help you gain clarity on what to expect if your case moves forward, and the best moves you can make to protect yourself today. Contact our office to begin receiving tailored advice and help in your specific situation.
Source:
selfhelp.courts.ca.gov/spousal-support/temporary
