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The Top Ways of Avoiding Alimony Payments Know that alimony is not automatic. ... Get a prenuptial agreement. ... Prove your spouse is cohabitating with another person. ... Get help from the right attorney. ... Consider fairness. California divorces seek equity and fairness for both parties involved.
The earnings assignment order tells your spouse's employer to take the support payments out of your spouse's pay. If your spouse also has a child support earnings assignment, the employer takes child support out first. Spousal or domestic partner support is taken out after that. The employer sends the money to you.
The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income.
(8) No employer may discharge, discipline, or refuse to hire an employee because of the entry or service of a wage assignment or income withholding order issued and executed under this chapter.
How Temporary Alimony is Calculated in California. Most judges in California utilize this formula to determine the ability and need to pay temporary alimony: 40% of the higher-earning spouse's net monthly income minus 50% of the lower-earning spouse's net monthly income = monthly alimony payment.