This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Spousal Support For In Contra Costa
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State:
Multi-State
County:
Contra Costa
Control #:
US-00004BG-I
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FAQ
California judges apply a “ten-year rule” when deciding alimony matters during a divorce. Marriages that last less than ten years are considered short-term marriages. Unless there are extenuating circumstances, alimony payments for short-term marriages do not exceed one-half of the duration of the marriage.
California doesn't use a "calculator" for determining the amount of long-term spousal support. Instead, judges must decide how much to award after they've considered all of the following circumstances: each spouse's needs, based on the standard of living they had during the marriage.
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.
40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.
There are many considered factors, but the primary factors used to determine spousal support is income and earning capacity. The Court looks at the present income as well as separate property available to the supported party.
Specifically in California, disqualification might result from several key factors. One such factor is a significant change in the financial status of the recipient spouse, such as acquiring a new job or receiving an inheritance, which could render them financially independent and no longer in need of support.
In practice, California's divorce laws equally apply to couples who are married any length of time, meaning even short marriages will likely require the equal and fair division of assets through the courts.
Spousal Support/Alimony: If one spouse did not work during the marriage, the court may award spousal support (also known as alimony) to help the non-working spouse maintain a similar standard of living post-divorce.
To avoid alimony, make sure that the other party is self-sustaining. If they have the skills and/or education level to make a substantial income, then they won't need alimony.
