Results tagged “spousal support” from Sacramento Family Law

So what is it about celebrities and their marriages? An uprising in celebrity divorce cases makes these cases look more and more about money. Anywhere you go you hear people talking about celebrities and their divorces. The increase in divorce cases involved more than just celebrities. In recent weeks we have heard of many "big money makers" divorce cases, like; Tiger & Elin Woods.

Divorce is more than money. It is about doing what is right in your heart. You need to ready for it, you need to be happy, and you need to realize it is a time for change in your life. The attorneys at The Law Office of Bowman and Associates have over 30 years experience practicing in Family Law. Our attorneys are great at what they do, and they truly have the heart to listen and do what is right for their clients.

We are willing to help those in need. We understand that coming to see a family law attorney can be an emotional and stressful time for people. We take the time to tell you what your options are and what to expect as the case moves forward. Whether its with Child Support, Child Custody and/or Spousal Support cases. We will be with you each step of the way.

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While divorce is an issue no one wishes to have to deal with, divorce is actually very common and for a myriad of reasons, two people would want to decide to separate. The process of determining spousal support can be referred to in many other terms like alimony, maintenance or spousal payment.

To determine who pays spousal payment and who is entitled to that alimony, a number of factors have to be considered. Many divorce proceedings have a distinct mix of the factors to determine who pays alimony and the major factors are the length of marriage and the income difference that the two parties have. Stated simply, if a couple filing for divorce have been married for many years and the other party has a larger income, it's a high likelihood that the court will order the one with higher salary to pay alimony to the other.

Other factors that the court will have to look at to determine who pays spousal payment and who receives that maintenance money is the lifestyle that each of the parties are accustomed to, other contributions that each party has made to the marital estate, the level of education each party has and their earning potential. With a competent and highly skilled divorce lawyer, divorce cases in Sacramento can be argued with other factors like the money invested by one party wasted by the other or did one spouse have to put his or her life on hold just so the other could finish school or training to pursue a certain profession.

After all these factors are taken into consideration, the amount for spousal payment will then be determined and this is governed by another set of factors that don't stem far away from the factors to determine who pays the alimony. Some of these factors are the separate assets that each party has, the conduct of the spouses toward each other in the marriage and even the noneconomic contributions that each party has made to the marriage like homemaking, child care and even career building.

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In today's economy, everyone's dealing with financial pressure. Whether you are paying or receiving spousal and child support payments, you may be facing a lot of challenges these days. Either the payor or the payee could be out of a job or dealing with reduced hours and a reduction in pay. Either way, those alimony and child support payments are probably weighing heavily on your mind.

If you're behind on your alimony or child support -- or if your ex is -- you may be wondering whether bankruptcy will make those back-payments go away. It won't.

Alimony and child support payments are not dischargeable in bankruptcy. In fact, under bankruptcy law, spousal and child support payments have to be paid before any other creditor can take a piece of the debtor's assets -- even the tax man.

What Should I Do If My Ex Owes Child Support and Alimony And Is Filing for Bankruptcy?

Just because the law doesn't allow alimony or child support to be wiped out by bankruptcy does not mean you don't need to protect your interests. Just like any other creditor, you should make sure the bankruptcy court knows that you're pressing your claim by filing a "nondischargeability complaint" concerning any alimony or child support you are owed.

Both the bankruptcy trustee and the Child Support Enforcement program should notify you if your ex has filed for bankruptcy, so you should never be taken by surprise. Even if you do nothing, it is unlikely that the bankruptcy court would discharge the back-child support or alimony arrearages your ex owes you, but it's always a good idea to get good legal advice and protect yourself.

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(CN) - An Arizona woman should not have lost her spousal support because her boyfriend stayed over once a week, the Arizona Court of Appeals ruled.

When Marc and Scarlet Chopin divorced in 2007, the decree called for Marc to pay Scarlet $2,500 per month, with the amount dropping to $1,000 in 2013.

The agreement called for the spousal maintenance to end if she lives with another man, with the exception of "A.R.," with whom both parties anticipated Scarlet would live.

Instead, Scarlet struck up a relationship with Robert Waddell. They were engaged through most of 2008 before the relationship ended.

Marc petitioned the court to end his spousal support on the basis of the new couple's co-habitation, which Scarlet denied.

The trial court and court of appeals agreed that the proper definition of "romantic co-habitation" was "living together and behaving as a married couple."

However, the appeals court ruled that the lower court improperly applied that definition to Scarlet and Waddell because they did not live together.

"Waddell testified that, during a six-month period, he spent one out of every six days at wife's house, Judge Daniel Barker wrote. "Husband presented no substantial evidence that Waddell spent more time at Wife's home."

Barker overturned the trial court's decision to halt Scarlet's spousal maintenance.

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AFTER 33 YEARS of marriage, Martha McDowell's husband told her he wanted a divorce. He provided few reasons. They were trivial, and to her did not justify ending their union.

"He just didn't want to be married anymore," says McDowell, now 60. "But he was my best friend, and I expected to spend the rest of my life with him."

That was four and a half years ago. Today, McDowell, of Hayward, is a new woman. She is a grandmother and works for an arts college, a job she loves. She is active in her Fremont church, and says it was her faith that helped her deal with the emotional issues that come with late-life divorce.

"My commitment to forgive was the most important thing for me," she says. "I didn't want to become bitter, and I didn't want my bitterness to poison my children."

Couples divorce every day. Yet it is particularly surprising when a marriage of more than 30 years ends. Take the recent announcement of Al and Tipper Gore's split. As the news spread, we felt a collective sense of sadness. What were they thinking? Why divorce after 40 years of marriage?

Late-life divorce is relatively uncommon. Sociologists agree that most people who have been married for a long time are happy. Nevertheless, some couples still drift. Marriages of 40 years or more account for 4 percent of divorces, according to Andrew Cherlin, a Johns Hopkins University sociology professor who studies families. It jumps to 8 percent for marriages of 30 to 39 years, likely because these couples are closer to life's empty nest stage, when children are grown and out of the house.

Late-life marriages dissolve for the same reasons any marriage does. Sometimes, there is abuse. Or infidelity. More often, the causes are even simpler: They grow apart, develop different goals, or no longer feel fulfilled. Contributing factors to late-life divorce, in particular, include increased life expectancy and longevity and a social acceptance of divorce that did not exist a generation ago, according to Beverly Hills Family Law Attorney Steven Knowles of Knowles Collum LLP.

Given the large size of the aging baby boomer population, this is somewhat new territory for sociologists, like Cherlin. After all, from an evolutionary perspective, the institution of marriage was designed to help you raise kids and put food on the table, he says.

"Only in the past half century have we had people who live long enough that they are together for 20 to 25 years after child-rearing," Cherlin says. "This is a new stage of life, and we're figuring out what to do with it." It used to be the middle aged who asked themselves, 'What should I do with my life?' Now, 60-year-olds do, he says.

Fifteen years ago, Al W.'s wife of 36 years filed for divorce. She was a stay-at-home mother of four sons and once they were grown and out of the house with children of their own, she wanted her independence to focus on a business venture, says Al, a retired pilot who asked that his last name be omitted to protect his family.

"She needed something more in life than coming home to me," says Al, now 70 and living in Pleasanton. "In hindsight, it was devastating. We didn't have a perfect marriage but I certainly thought we had a better relationship than a lot of our friends who stayed married."

Besides the financial aspect of a late-life divorce -- "You're talking about (losing) half your retirement," Al says -- the most difficult part for him was coming home to an empty house. Al eventually remarried and now has a 10-year-old daughter, who was born when he was 60.

"It was kind of late to start over but I wouldn't trade it for anything," he says. "I'm extremely happy." He has also remained friends with his ex-wife.

Continue reading "The graying of divorce" »

MOBILE, Alabama (WALA) - On the same day Steve Nodine was arrested for drug charges, he and his wife filed for divorce. Those papers reveal the proposed divorce settlement between Kimberlee and Nodine.

Kimberlee Nodine will maintain custody of their 13-year-old son. Steve Nodine has visitation rights and will pay $971 a month in child support payments until his son turns 19.

The papers show that Kimberlee will live in the family home, but Steve will pay the mortgage, insurance and taxes.

The county commissioner will also pay $2,500 a month in alimony payments.

It's a hefty chunk out of his salary. The papers show Steve earns $6,666.66 a month.

But it doesn't end there. Commissioner Nodine agreed to pay for his wife's legal expenses during the divorce, and he'll hand over his retirement pay to her.

In separate papers filed that day, Kimberlee Nodine had a statement which read, "I feel too much has happened between us for things to ever be good again."

The agreement, which both signed, must still be approved by a judge.

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California Divorce Overview

California is a 'no-fault' divorce state, which means that when a spouse requests a divorce, they will not need to specify a reason or prove wrong-doing on part of the other. From time of initial filing, the soonest a divorce can be finalized is 6 months.

No-fault does not mean no disagreements, though. If you foresee that there may be disagreements regarding how the family assets are going to be handled, or how the kids will be cared for, get professional advice immediately.

Even if you both agree on how to separate your lives, it is important to have the agreement reviewed by a professional. An advisor who has been involved in many divorces can help you spot weaknesses in the agreement and will help ensure that the final agreement is strong and will last for many, many years.

Continue reading "California Divorce Overview - Basics About Divorce Laws" »

Many dissolution of marriage proceedings involve the issue of spousal support (sometimes referred to as alimony). "Temporary" spousal support awards are typically rendered early on in the divorce process and only extend until the judgment of dissolution is entered. "Permanent" spousal support awards involve ongoing support, which extends beyond the time that the judgment of dissolution is entered. While the calculation of temporary support is formulaic, and is accomplished via the use of a spousal support calculator, the calculation of permanent support is anything but formulaic. In fact, the courts have wide-ranging discretion to determine: (1) whether either party is entitled to permanent spousal support; (2) the duration of spousal support; and (3) the appropriate amount of spousal support.

In exercising this broad discretion on the issue of spousal support, courts are obligated to balance several factors that are delineated in Family Code § 4320. If a court fails to give independent consideration to each and every one of these factors, this will be considered reversible error by an appellate court, and the order may be thrown out. A common issue that family law attorneys and judges must address is the proper weight to be given to each individual factor. While Family Code lists all the relevant factors, it does not prescribe how to balance them. To the contrary, attorneys and judges must decide which factors carry more or less weight based on the particular circumstances of the case. What is clear is that the courts begin with an analysis of the "marital standard of living", and weigh all the other 4320 factors against this finding. These other factors are listed below, in the order in which they appear in section 4320 of the California Family Code.

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If spousal support is ordered because of an injury to the recipient spouse, the spousal support may be temporary or permanent in nature. Even though spousal support is usually awarded to the wife, the husband can also petition the court for spousal support if the wife makes much more than he does. A seasoned spousal support lawyer will make sure that you are awarded adequate spousal support. Spousal support may be in cash payments or other forms. It may be in the form of disbursements from a retirement account, a transfer of an entire retirement account, transfer of the marital home or some other property or any other form of payment either agreed upon between the spouses or directed by the court. Spousal support can take many different forms, like a lump sum payment to lifetime payments or payments for a short period of time. Once the court reviews the facts at hand, it will determine the type of alimony. Spousal support is also called alimony. Alimony is ordered by the court and depends on many different things, such as the standard of living, whether the receiver requires the spousal support payments, whether the payor can afford to pay the spousal support, and other things. Different states have different tests for determining spousal support. Few states are "no fault" states, and will not award spousal support if an injury to one spouse is caused by the other.

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The slumping economy has taken a toll on everyone, including parents who are responsible for paying child or spousal support. While you cannot simply stop making payments, in certain situations you can ask the court to modify your payments. If your current financial situation has it made it difficult to afford your payments, be sure to act quickly to prevent additional financial or legal troubles.

Child support payments are based on the income of both parents and on the amount of time each parent spends with the children. If there is a change in either one of these conditions, then you may ask a court for a change in child support payments. Child support payments are calculated based on state law guidelines and courts tend to follow them strictly. A major change in income is an important factor to be considered in these calculations and may lead to a change in support payments.

While a judge may grant a modification of your child support, he/she may want to know what you are doing to increase your earnings. A judge may order you to send out a preset number of applications and report back to the court on their status. When you return to the court, the judge may once again modify the payments based on any major change in income such as when a higher paying job is obtained.

On the other hand, spousal support can generally only be modified in accordance with the terms set out in the final divorce judgment. If the divorce judgment permits a modification of payments due to loss of income, then you may be able to modify the payments.

If the parent receiving child care from the other parent becomes unemployed, then there is potentially no need for child care payments. A court will likely reduce or remove child care payments in this case.

If you need a modification of child support in Sacramento and Northern California, act quickly. Falling behind on child support could potentially lead to a loss of your driver's license, professional licenses, and inability to obtain a new or renewed passport.

When a husband and wife are married for 10 years or longer, the California Family Code provides a built-in presumption that this is a marriage of "long duration." This classification is important in divorce proceedings, as it commonly entitles one spouse to receive permanent spousal support, as opposed to support that will terminate on a specific date. In recognition of the potential for one ex-spouse to abuse this privilege, the courts have adopted several rules intended to prevent the supported spouse from resting on his or her laurels in reliance on a lifetime of support from their ex-spouse. The most frequently invoked such rule is called the "Gavron Warning."

The Gavron warning is frequently issued to the supported spouse at the time the permanent spousal support order is made. The warning essentially compels the supported spouse to make all reasonable efforts to become self-supporting, within a reasonable time. If, in the future, the supporting spouse feels as though the supported spouse has failed to make such reasonable efforts, the supporting spouse can request to modify his or her support obligation downward, based on the failure to comply with the Gavron warning. At this point, the courts used to assess whether or not the supported spouse had made reasonable efforts. However, a recent case suggests that the courts may now have to assess another threshold issue before moving on to this analysis.

In an unpublished opinion, the 4th district court of appeals held that before a trial court can delve into an analysis of a supported spouse's specific efforts to become self-supporting, it must first reconsider whether or not it is reasonable to expect that spouse to ever become self-supporting. This case, Irmo Lillestrand, involved a couple who were married for 29 years. Although the wife had a degree in early childhood education, she never worked outside the home, in part to accommodate the husband's work arrangement. Upon divorce, the wife was awarded significant spousal support, but it was accompanied with a Gavron warning. At this time, the wife was in her early fifties and had never held a job outside the home. (She had operated a minimally successful business out the home throughout the marriage) Four years later, the husband received a downward modification of his spousal support based on the trial court's ruling that the wife had not taken reasonable efforts to become self-supporting. The court reasoned that the wife should have been able to secure a teaching job with minimal effort.

The court of appeals reversed, however, stating that the trial court erred in not assessing whether wife could ever become self-supporting. The court of appeals held that she likely could not, based on her advanced age, the fact that she would have to compete with twenty year-olds for entry level teaching positions, and based on the fact that it was reasonable for her to decide to work from home due to the fact that she had to tend to two minor children.

While this decision may not seem incredibly significant, it has the potential to impact future divorce cases. It creates an extra step that trial courts will have to take in the spousal support analysis. If the courts skip this step, this will open the door to an appeal. In addition, courts will now have to make a retro-active analysis as to whether a prior Gavron warning ought to remain in effect. If a Gavron warning that initially seemed appropriate is no longer appropriate, the court will have to rescind it altogether. Ultimately, this will provide supported spouse's with an additional opportunity to litigate the appropriateness of the Gavron warning and to argue for it's rescission.

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