Articles Posted in Spousal Support & Alimony

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Fremont Divorce Attorney Discusses Securing Medical, Life, and Homeowners Insurance

Securing medical, life, and homeowners insurance for yourself and your children must be considered during pre-divorce settlement negotiations with your soon-to-be ex. Insurance issues may be complicated and largely the purview of lawyers but you need to be actively involved to protect yourself and anyone who depends upon you. You should know that your life insurance policy could still cover your spouse even if you two are divorced and no longer a part of each other’s lives. You need to negotiate who will be paying the premiums. If husband is to pay, he can stop paying or cash in the policy and leave you with nothing unless life insurance is a negotiated part of the divorce settlement.

To protect the children, make sure that your divorce settlement states that the children are to be kept as the beneficiary and make sure that your spouse shows proof of it each year. If your spouse allows the policy to lapse, your ex may not have to reinstate the policy unless ordered by the court. Get it in writing before the divorce is finalized. If you would like only your children to benefit financially from your life insurance policy, you will want to open a trust fund and then name the trust as the beneficiary and name a trustee to manage the proceeds. Many banks offer this service. This way your ex will never get parental control over any of the money left to your children should you die before they are of legal age.

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San Jose Divorce Lawyer Discusses Headlines Scream Mel Gibson Getting Divorce

The internet and entertainment news sources are abuzz with the recently filing for divorce by Mel Gibson and his wife of 28 years, Robyn. Gibson, who is known not only for his movies, but for his strongly held extremely conservative Catholic beliefs, seems an unlikely candidate for dissolution, but the petition filed by Gibon’s wife cites irreconcilable differences. The long-term marriage was not preceded by a pre-nuptial agreement, so under California law all property acquired during marriage (except as a result of a gift, bequest or devise) is community property. That means that the millions of dollars earned from movies during the last 28 years, and the assets acquired with those funds are community property and subject to division in the dissolution.

Among the issues likely to be raised in the dissolution are distribution and division of property, spousal support, and attorney fees. Six of the parties’ seven children are past the age of majority, but since one remains a minor, the Gibsons will likely be addressing child custody, visitation and support issues in addition to those identified above. Rumors are circulating that the reason for the split is Mel’s infidelity with a Russian singer recently signed by his record label.

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San Jose Divorce Attorney Discusses – Countess Seeks over $100K Monthly Spousal Support!

The web is abuzz with the story of the Swedish countess who was married to an American investment banker and is now seeking to set aside their post-nuptial agreement that would have awarded her $43 million as a settlement following their brief marriage from 2002-2005.

The case of the Swedish countess brings up interesting questions about spousal support for family law attorneys, judges and litigants. After all, who really needs over $100,000 a month in spousal support? The lovely countess and her soon to be ex husband are litigating in Connecticut, but were they in California, the rules would as follows.

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San Francisco Divorce Attorney Discusses Spousal Support

Spousal support can be granted based on a number of issues in order to keep the marital standard of living for the spouse needing the support. However, contrary to what people believer, spousal support can be terminated before the the receiving spouse gets re-married. If the receiving spouse starts living with their boyfriend of girlfriend but remain unmarried, the receiving spouse’s support can be terminated. Family Code 4323 (a) (1) states “Except as otherwise agreed to by the parties in writing, there is a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabiting with a person of the opposite sex. Upon a determination that circumstances have changed, the court may modify or terminate the spousal support as provided for in Chapter 6 (commencing with Section 3650) of Part 1. (2) Holding oneself out to be the husband or wife of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this subdivision.” This means that by just moving in with a new boyfriend or girlfriend creates a rebuttable presumtion that the receiving party is being supported by their new significant other. It is up to the receiving spouse to prove otherwise.

Cohabitation, however, is very hard to prove. Boyfriends and girlfriends spend time at each others homes without necessarily cohabitating with each other. More often than not, boyfriends and girlfriends will even the spend the night at each others homes without cohabitating with one another. This means that even if a person spends almost every night at their significant other’s home does not necessarily consitute cohabitation. Therefore, if you are looking to prove cohabitation, it would be best to find a lease with both parties’ names or some other concrete evidence that the parties live together.

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Sacramento Divorce Lawyer Discusses Jon and Kate Plus 8 Rumored to Be Splitting

The internet is abuzz with rumors that Jon and Kate Gosselin, of Jon and Kate Plus 8 fame, are splitting up. Putting aside the actual truth of such a rumor, let’s examine the many issues a divorce with eight children and a tv show produces. Let’s further fictionalize the situation by setting it in California.

Custody and Visitation

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San Jose Divorce Attorney Discusses Spousal Support and Child Support

The issue of spousal support and child support is one of contention among parties of divorce. There are times when spousal support or child support is set higher than what a party can pay. Some of these people who cannot pay their support decide to quit their jobs or cut off their income to avoid paying their ordered support. However, a person should be warned that doing this is a bad idea, because the court could then impute that party with the income that they were earning before they quit and force them to pay the amount anyways. This basically means that if the court has ordered that you pay a specific amount, you will have to pay it unless and until your ex agrees to a different amount or the court orders a different amount after you file the appropriate request. But although you claim you cannot afford the support, the judge may not agree with you. Thus if your financial circumstances have changed, you can file for a modification of your support order.

You will have to state how your expenses have changed or how your monthly income has decreased. You must have a legitimate reason in order for the Court to accept your modification and you must prove that your monthly income has diminished. Outside of a modification in a courtroom, your only other option is to ask your attorney to negotiate with your ex through his/her lawyer to see if you can get him/her to agree to a reduction in monthly payments. Though most exes will not usually agree to such modification, your request to negotiate a lower monthly expenditure is certainly worth a try. But again, you need evidence to have a chance at modification.

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San Jose Divorce Lawyer Discusses Long Term Marriage Spousal Support

Almost everyone remembers the divorce between Nicole Kidman and Tom Cruise. Tom ended his divorce with Nicole just a few weeks shy of their 10 year anniversary. Some say that he was slick for doing so and avoiding having to pay Nicole spousal support for an indefinite amount of time.

Under FamilyCode 4336, “except on written agreement of the parties to the contrary or a court order terminating spousal support, the court retains jurisdiction indefinitely in a proceeding for dissolution of marriage or for legal separation of the parties where the marriage is of long duration.” The last part “long duration” has been long fought over because it is so ambiguous. Case law has established a “long duration” to be 10 years of marriage. The standard for support for a marriage of less than ten years is half the time of the marriage. This means that if a couple was married for 6 years, support would be granted for about 3 years.

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Redwood City Divorce Attorney Discusses Spousal Support:

When a married couple gets a divorce, the court may award spousal support to one of the former spouses, based either on an agreement between the couple or a decision by the court itself. The purpose of spousal support is to limit any unfair economic effects of a divorce by providing a continuing income to a non wage earning or lower wage earning spouse.

Unlike child support, which in most states is mandated according to very specific monetary guidelines, courts have broad discretion in determining whether to award spousal support, and, if so, how much and for how long. The Uniform Marriage and Divorce Act, on which many states’ spousal support statutes are cased, recommends that courts consider the following factors in making decisions about spousal support awards: the age, physical condition, emotional state, and financial condition of the former spouse; the length of time the recipient would need for education or training to become self-sufficient; the length of the marriage; and the ability of the payer spouse to support the recipient and still support himself or herself.

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Fremont Family Lawyer Discusses Enforcing Child Support by Collecting Directly From Wages

One of the most common mechanisms for enforcing child support in California is the earnings assignment order, or as it is more commonly known, a wage assignment. This ensures that child support (or spousal support) is subtracted from an employee’s wages. It is then sent to the custodial parent, usually via the State Disbursement Unit.

California Family Code Section 5320 requires child support to be paid via wage assignment. The wage assignment is binding on all employers, and is enforceable even where the employer information is outdated or incorrect. See California Family Code Section 5231. Employers who do not comply with a wage assignment are subject to being brought into court and possibly found to be in contempt.