San Jose California Stipulation Regarding Spousal Support

State:
California
City:
San Jose
Control #:
CA-02694BG
Format:
Word; 
Rich Text
Instant download

Description

To comply with the California legislature's intent to provide simplified modification, the Judicial Council has promulgated four forms. The forms needed in this situation are probably only these two:


" Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal or Family Support Order (FL-390).
" Information Sheet " Simplified Way to Change Child, Spousal or Family


Basis for modification: The simplified procedure does not change substantive law respecting the predicate for a modification. Thus, the applicant must establish the reason for the change.


If the supported party is no longer in need, or a detrimental change in the obligor party's needs or ability to pay outweighs the other's need for support, proceedings to terminate (or reduce) support can be brought on the basis of "changed circumstances".


Provided the obligee was aware of an expectation that he or she become self-supporting (or reasonably endeavor to contribute to his or her support), support might be terminated on the basis of the obligee's failure to make good faith efforts toward self-sufficiency within a reasonable period of time;


Termination Of Spousal Support Orders: Except upon the parties' written agreement to the contrary or a court order terminating support, the court retains spousal support jurisdiction indefinitely where the marriage has been of "long duration."


The parties may - and are encouraged to - enter into a written stipulation (agreement) on spousal support issues.


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FAQ

In each case, a judge must consider several factors to determine if spousal support should be paid, including: The financial means, needs and circumstances of both spouses; The length of time the spouses have lived together; The roles of each spouse during their marriage;

California is one of a few states where you can benefit in alimony payments from staying married 10 years or longer. In this situation, the spouse earning less income retains the right to be paid alimony for as long as he or she needs, and as long as the paying spouse can pay.

Massachusetts lawsthe amount of alimony should generally not exceed the recipient's need or 30 to 35% of the difference between the parties' gross incomes established at the time of the order being issued.

There is no specific marriage duration to get alimony in California. The good news is there is no specific minimum duration before a spouse may receive alimony. A California family court bases its decision to order alimony on a variety of factors, including the marital standard of living.

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.

You will only qualify for spousal support if you need the support, and your spouse can provide it. Factors the court considers include: Each spouse's income and earning capacity. How each spouse supported one another during the marriage (e.g., the lesser earning spouse contributed to the other's education or career)

Factors Impacting Spousal Support in California While there's no guarantee that a court will order one spouse to pay alimony to the other after divorce, in cases that appear to merit a support award, factors like the following are taken into account: The duration of 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.

Prove your spouse is cohabiting with someone else: If you can prove that your spouse is living with someone else, you may be able to get out of paying spousal support altogether. Likewise, if you can show that your spouse can earn a reasonable living, you may be able to have your alimony payments reduced or eliminated.

The Family Law Act does not specify a deadline in which applicants may seek spousal support from their former adult interdependent partner, and neither does the Divorce Act.

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San Jose California Stipulation Regarding Spousal Support