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How To Calculate Alimony In California

The Court Sometimes Uses A Computer Program To Determine Temporary Alimony


The key word there is temporary alimony. There is a big difference between temporary alimony and the final alimony amount. Even the word “final” alimony you should take with a grain of salt because alimony is usually modifiable after a divorce judgment.

Neither an alimony calculator nor the computer program courts and lawyers rely on helps very much for the alimony at the judgment phase.

That alimony number is no longer the temporary number or even the post-judgment number. That is because California law generally forbids the judge to rely on any computer program to determine any alimony number except for the temporary number. In other words, it is really only good for the temporary number and not much else.

Some lawyers still use the computer program when determining what the final alimony number should be. Is that wise? It depends.

If done by an experienced family law attorney who knows what they are doing, then it may provide a range of potential numbers. But that takes some program tweaking and something I have not yet seen an online California alimony calculator be able to do.

Choose Whether Spouse Is Responsible For Own Expenses

Third, you must choose whether each spouse is primarily responsible for their own living expenses. Choose from one of the two available options.

If a spouse is primarily responsible for their own living expenses, then the spouse is entitled to take a personal exemption for California income tax purposes, and the California Maintenance Calculator reduces the spouse’s overall California income tax liability after California income tax has been calculated. The amount of the California personal exemption credit is $114.00.

The Hunter Law Group Can Fight For A Fair Support Order

Our firm has handled countless spousal support cases and understands Orange County’s spousal support guidelines in detail. We can skillfully determine your net monthly income and ensure that your spouse’s income is properly calculated, as well. We can then work to make sure that you receive or are required to pay what is fair and lawful.

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How Much Is Alimony In California

Alimony cases are handled on a case-by-case basis in California courts. Hence, the amount of alimony depends on the circumstances and facts of each case. First, California courts treat temporary alimony differently from permanent alimony. Therefore, if you are requesting alimony while a divorce action is ongoing, the court balances your needs with the capacity of the other spouse to pay spousal support. The court will use a spousal support formula to calculate the appropriate amount of spousal support, but the court is not mandated to follow the calculations precisely. The formula is designed to allocate net income evenly between the divorcing parties.

My Ex Refuses To Get A Job Can I Request For Income To Be Imputedyou May Submit A Request To The Court For Your Ex To Undergo A Vocational Examination The Examination Will Determine If Your Ex Has The Opportunity Capacity And Ability To Support Herself/himself The Court An Use The Vocational Report To Potentially Impute Income To Your Spouse

California Spousal Support Calculator

There is attorney advertising throughout this website. Our site does not create an attorney-client relationship. The information presented on this website is for educational purposes and is not intended to convey legal advice. Our attorney is licensed in California. Past results do not guarantee future results.

Email: info@sdesquire.com

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Planning When Spouse Is Self

In many cases, our firm strategizes ahead of when a case is filed to gather information that will be helpful to our client when the other party is self-employed. This pre-case strategy is often extremely helpful and will assist with creating a cheaper and more efficient dissolution of marriage proceeding through the Riverside Family Court. Gathering information is the key, keeping in mind that once a case is filed there are certain restrictions that come into play including the Automatic Restraining Orders listed on the back of the Summons.

Our clients in Eastvale, Norco and all over Corona have found these strategy sessions to be extremely helpful.

Consult With An Orange County Alimony Attorney

Do not hesitate to set up a consultation with a Mission Viejo divorce lawyer from our firm if you need to fight for a fair spousal support order. For more than a decade, we have dedicated ourselves to assisting and guiding clients through difficult family law matters such as spousal support,child custody, anddivorce. By retaining our firm, you will receive the full attention and support of a caring family law attorney who has the experience and skill to achieve the results you need.

Contact us if you are looking for a spousal support lawyer in Mission Viejo, California. Don’t hesitate to schedule a consultation today.

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How Courts Calculate Spousal Support

In the case of temporary spousal support, local courts will typically apply a formula to calculate the amount needed to be paid. This formula varies, as courts located in different California counties may apply different factors while calculating temporary spousal support. To know how temporary spousal support is calculated in a specific county, an individual can check local rules. That being said, judges do not decide on the final amount of spousal support using the same method used to calculate temporary spousal support. Instead, the court considers the factors listed in California Family Code Section 4320.

Can I Obtain Spousal Support On An Emergency Basis

How to Calculate Permanent Spousal Support (Alimony) in California

We often see cases where spouses separate from one another and the employed spouse cuts off the unemployed spouse from access to any community funds or income. These circumstances present an immediate need to file papers in court. In Riverside County, the procedure to address this problem usually involves the prompt filing of a divorce case along with a Request for Order for temporary alimony. A Request for Order is a motion where the person asks the court to make some type of temporary order, in this case for alimony, and a hearing date is set. Additionally, we often file an ex parte application to ask the court to grant an expedited hearing date so that the person in dire need of spousal support doesnt have to wait a month or two for a hearing date. As you might suspect, the court generally does not appreciate it when one spouse completely cuts off the other spouse from having money to live and pay bills, and sanctions under Fam. Code 271 may be appropriate in these circumstances.

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How Is Temporary Alimony Calculated In California

When considering whether a spouse needs temporary alimony, California courts have found that the amount of support should be based on what’s necessary to maintain the standard of living that the couple enjoyed during their marriage.

Of course, it’s more expensive to maintain two households than a shared one. So in many cases, both spouses won’t be able to keep up their previous living standard. But the idea behind temporary alimony is to maintain the status quoas much as possibleuntil the divorce is final.

The courts in many California counties use a formula as a guideline for calculating the amount of temporary spousal support. These guidelines vary, but one common formula for the monthly amount of support is 40% of the high earner’s net monthly income minus 50% of the low earner’s net monthly income. For example, if Spouse A earns $6,000 a month and Spouse B earns $3,000 a month, temporary spousal support would be $900 a month .

Even in courts that use a temporary alimony guideline, the judge may award a different amount of support based on the specific circumstances.

Is Alimony Mandatory In California

In California, alimony is not mandatory. However, if one spouse earns significantly more than the other, the court may order them to pay alimony to the lower-earning spouse. Other factors that could influence a courts decision include:

While alimony is not mandatory in California, the court will often order payments based on a number of these factors. Therefore, if youre trying to avoid paying alimony, its essential to be aware of these factors and consider them when making your case.

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Permanent Spousal Support In Orange County

For marriages that have lasted more than 10 years, “permanent” spousal support will likely be required. Marriages that end in under 10 years generally require temporary spousal support, the duration of which is usually half the length of the marriage. Longer marriages could result in spousal support that has no specific end date. The courts will expect the lower-income spouse to become self-supportive as quickly as possible, but until then the higher-earning spouse could be required to make monthly support payments.

The amount required for permanent spousal support varies depending on the marriage. The court will examine factors such as the length of the marriage, the age and health of each spouse, their individual skills and earning capacity, each spouse’s needs, their ability to pay spousal support, and more. Again, it is in your best interest to retain an experienced family law attorney if you are facing the matter of spousal support. You will need a capable advocate to build your case and present a strong argument to prove that you require a certain amount of support, or that you should not have to pay so much. The Hunter Law Group has handledfamily law matters of all kinds for more than 30 combined years and is prepared to provide the counsel and representation that you need.

How To Calculate Alimony

California Custody Percentage Calculator for California Child Support

This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.There are 31 references cited in this article, which can be found at the bottom of the page. This article has been viewed 320,808 times.

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What Is A Gavron Warning

A Gavron Warning is essentially a court notice advising supported spouses that they are expected to become self-supporting within a reasonable amount of time. The goal is to prevent them from relying indefinitely on their former spouse to support them.

The Gavron Warning gets its name from the case , decided in 1988 by the Second Appellate District Court of California. The court ruled that before modifying or terminating a spousal support order, the supported party must be informed of their obligations to become self-sufficient. Around this time, courts began to move away from the idea of permanent spousal support orders in favor of the requirement that supported spouses make efforts to become self-sufficient.

We Can Help Reduce Your Conflict And Confusion Around Child Support

When you go through mediation with us, we will accurately calculate child support and help you and your co-parent establish how other expenses will be paid. We will strive to predict possible future expenses and put guidelines in place so you and your co-parent will have a plan to resolve issues or conflicts as they arise. As your circumstances change, you may return to mediation as needed to modify any legal divorce documents.

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Enter The Number Of Dependents

Fourth, you must enter the number of dependents for each spouse. Enter the number of dependents into the appropriate inputs in the California Maintenance Calculator form. The number of dependents should be entered as integer values with no letters or special characters.

The California Maintenance Calculator uses the number of dependents entered into the calculator inputs to calculate the California income tax dependent exemption amount. The California Maintenance Calculator reduces a spouse’s overall California income tax liability after California income tax has been calculated by $353.00 per dependent.

A Quick Guide To Paying And Getting Alimony In California

How Spousal Support (Alimony) is Calculated in California

One spouse makes alimony payments to the other after divorce or while a divorce case is pending, as per court order or the couple’s agreement. States refer to alimony in various ways, such as spousal support and maintenance, although they all generally mean the same thing.

One spouse may be ordered by the court to pay alimony to the other when a married couple decides to separate or get a divorce in California legally.

That said, alimony is often tied to the messy aspects of divorce. You could be paid too little, compelled to pay too much, or be subjected to penalties.

Here’s a quick summary of alimony payments and how our prescreened California family law attorneys handle them:

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Modern Family Lawcalifornia Spousal Support

At Modern Family Law our goal is to find the best solution for you and your family. Our family law attorneys take their time to listen to your case and handle it as effectively as possible. We understand that child custody cases can be scary, stressful, and devastating. With that in mind, our attorneys approach each case with empathy and integrity to help guide our clients through these difficult times.

Spousal support is often called either maintenance or alimony. Spousal support is money thats owed from one spouse to the other, above and beyond a property division. It may be temporary, or it may be permanent. Its usually ordered in a fixed amount, for a fixed period of time. For example, a judge could order $1,000 per month for the next 5 years.

Failure to pay support payments can result in stiff penalties. Those penalties may include jail time or loss of your drivers license, depending on the amount owed and reason for a failure to pay. Its better to make arrangements than get a court involved.

Our attorneys are ready to listen to the specifics of your case and to help you understand your best course of action. or schedule a free consultation with one of our experienced family law attorneys.

Understanding How Support Is Calculated Can Be Difficult

California law requires courts to adhere to statewide, uniform guidelines in setting child support orders, but one thing that is commonly misunderstood is that while child support calculators use a specific formula, they are only as correct as the information entered into them. Unlike child support, where there is a standard formula, there is no set formula the court uses for spousal support, which is why spousal support tends to be one of the biggest sources of contention and conflict during a divorce. As divorce mediators, we can help you and your spouse better understand all of the factors that impact how child or spousal support is calculated and calculate it for you. We know there are many intense emotions involved in this process, and we will always ensure that both of you are comfortable with your agreement.

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Divorce And Property Division Attorney In Los Angeles

If you want to pursue a divorce or legal separation, do not hesitate to contact Counts Law Firm. Emahn Counts is an experienced Los Angeles divorce attorney who has years of experience in handling divorce and other types of family law matters. Emahn Counts gets to the heart of the issue, and works with clients to efficiently resolve them.

Call Counts Law Firm today at 463-7300 or contact us online to schedule a free consultation with a family law attorney.

How Spousal Support Is Decided In California

Guideline Calculator

The amount and duration of spousal support paid in California is determined by state law after carefully reviewing numerous factors. The court has tremendous discretion in setting alimony. If you are unable to settle or resolve this issue, then your attorney needs to develop detailed evidence about each factor set forth below.

The controlling statute that the court must consider in establishing permanent spousal support states the following:

4320. In ordering spousal support under this part, the court shall consider all of the following circumstances:

The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following:

The marketable skills of the supported party the job market for those skills the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills and the possible need for retraining or education to acquire other, more marketable skills or employment.

The extent to which the supported partys present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties.

The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.

The duration of the marriage.

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Questions By The Person Paying Alimony

Calculating your alimony amount will be straightforward if you are a W-2 employee and you earn more money than your spouse.

Using the proper computer software programs that family law lawyers and judges use, a family law lawyer can tell you the temporary alimony amount. As we wrote earlier, regarding the ultimate amount, that is a little more involved.

The information the divorce lawyer will need to determine how much alimony you will pay requires an analysis of the Family Code 4320 factors.

The calculation is not complicated for a middle-income to upper-middle-income family. It just involves a little more work.

Suppose you are a marriage well under 10 years. In that case, your total alimony exposure should not be more than half the duration of the marriage. As we explained earlier, the marriage duration is from the date of the marriage to the date of the separation.

Now suppose your marriage is very close to 10 years. In that case, an experienced divorce lawyer can let you know if factors may cause a court to treat your marriage as if it is a 10 year or longer marriage.

If you are a marriage that is 10 years or longer, please do not assume that you have to pay long-term or even lifetime alimony. That is a false assumption many spouses make.

Several factors affect whether a marriage that is 10 years or longer will result in an open-ended spousal support order that continues until death, remarriage, further order of the court, or earlier termination date.

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