If you can establish that your spouse can financially support themselves after the divorce, you may not be required to make spousal support payments. The court will consider various factors, such as income disparity and duration of payments, when determining the necessity of spousal support.
Self-sufficiency of the Requesting Spouse: If the spouse seeking alimony is young, healthy, has a good education, or possesses marketable skills that enable self-sufficiency, the court may determine that maintenance is not necessary – do note this outcome is extremely rare and unlikely.
To breach your contract by neglecting your spousal support responsibilities could result in harsh consequences. If you can't afford alimony the first thing you should do is contact your attorney. They will help you understand your situation and options, as well as your rights.
You must go back to the original court that made the order and file a Motion for Modification of Maintenance / SPousal SUpport Payments. Check with the clerk's office at the court because they may have a generic form that you can use to fill out to apply for the reduction in alimony payments.
California Alimony California determines alimony based on the recipient's “marital standard of living,” which aims to allow the spouse to continue living in a similar manner as during the marriage.
Assess Financial Situations This includes current incomes, potential future earnings, living expenses, and any other financial obligations, such as debts or investments. Having a detailed understanding of these financial landscapes can help each party recognize the necessity and fairness of alimony payments.
California determines alimony based on the recipient's “marital standard of living,” which aims to allow the spouse to continue living in a similar manner as during the marriage.
You are not legally obligated to support her. If a divorce is filed the court could make alimony retroactive.
You can get Spousal Support through Family Court. A Support Magistrate will handle your case – not a Judge. Support Magistrates only hear Child Support and Spousal Support cases. It isn't necessary for you to have a lawyer in Family Court, but you can get one if you want.