Chico Spousal Support Lawyer
When a couple chooses to divorce, sometimes one spouse is dependent on the other for support. In this case, the court may mandate spousal support. This will be determined based on a number of factors. The courts will closely consider the relationship to determine if support is necessary and for how long it will be required. Child support is calculated based on income and other factors. However, spousal support is somewhat more complicated. Family law is often confusing and hiring a family law attorney is your best option. Spousal support lawyers at Amaya & Associates have handled hundreds of spousal support cases and our spousal support lawyers are ready to help you obtain what is rightfully your.
Factors for Calculating Spousal Support
The general overall concept of spousal support is based on the idea that one spouse was significantly dependent on the other for financial support during the course of the marriage. However, there are many other factors that court will take under consideration in making a final calculation; this is just a sample:
Couples Standard of Living
What is the employable capacity of the person intending to receive support?
How will children be impacted by this divorce in their standard of living?
Property Division, Assets and Debt incurred during the marriage?
Age and health quality of each person?
Ability to pay estimated payments
Duration of Spousal Support
The duration of spousal support can vary, depending on the anticipated income of the paying spouse and the time needed to acquire appropriate employment by the dependent spouse. Most often, the amount of time for which support is expected will depend on the length of the marriage. For couples married for less than ten years, a rule of thumb is to make payments for half of that time period. For couples married for over ten years, the initial support ruling will be the same. However, the court will set recurring evaluations to determine whether support is still necessary. This can be affected by several factors but one of the most important changes is employment. When one or both parties are elderly and age affects the ability to acquire gainful employment, it is typical for the court to maintain support as long as the supporting party is able. If the supported individual remarries or either person passes away, support is automatically terminated.
Hiring an Attorney for Spousal Support Negotiations
If you are filing for a divorce in Northern California, or you are in the process of spousal support negotiations, it is in your best interest to hire a Chico spousal support attorney. Working with a family attorney will ensure that your needs are met. Our family law attorneys will advocate for you and take all factors into account when creating legal arguments. Divorce can be a messy process, but a knowledgeable attorney can make a difference. Call Amaya & Associates for help at (530) 897-3700 in Chico, California.