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. If child support is an issue, spousal support is calculated after child support is calculated.
The key factors analyzed in an alimony decision are each spouse's income, ability to earn and standards of living established during the marriage. If there is a history of violence, abuse or certain criminal convictions, however, this could bar a spouse from receiving alimony payments under California law.
Since the goal is to protect mutual standards of living, if your ex remarries or finds themselves once again in a steady double-income household, you may no longer be required to maintain or begin alimony payments.
Alameda and Contra Costa counties have adopted the “Alameda Guideline” formula. 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.
Misconduct: Certain behaviors can also lead to the disqualification of alimony. For instance, if a spouse is found to have engaged in financial misconduct, such as hiding assets or failing to disclose financial information during the divorce proceedings, this can result in disqualification.
The courts in many California counties use a formula as a guideline for calculating the amount of temporary spousal support. These guidelines vary, but one common formula for the monthly amount of support is 40% of the high earner's net monthly income minus 50% of the low earner's net monthly income.
What do I do if I want alimony? You can ask for alimony as part of a divorce proceeding. If you and your spouse reach an agreement about alimony, you can ask the judge to make the agreement a part of the court order. If you cannot reach an agreement, the judge will decide whether you are entitled to alimony.
FL 157 refers to California Family Law Form 157, which is a form used in family law cases in the state of California. The purpose of FL 157 is to provide a summary of the assets, debts, income, and expenses of the parties involved in a divorce or legal separation case.