Spousal support in divorce, including pre-judgment spousal support, is another special focus of the Law Offices of Duane Henry (925-825-5010) in Contra Costa County.
There are two types of spousal support in California: The subject of this article will be temporary, pre-judgment spousal support. The other type of spousal support is post-judgment spousal support. It will be addressed in another article. There are substantial differences between the two.
Pre-judgment spousal support is just what its name suggests. It is temporary spousal support intended to enable the recipient to live at the marital standard of living pending completion of the divorce process. Courts recognize, however, that incomes that provide a certain standard of living while the parties are living together are usually insufficient to provide the same standard of living when the parties are maintaining separate households. As a result, a court is often unable to provide fully for the financial needs of both parties. All the court can do, and all it is required to do, is to equitably allocate the family income, considering the parties’ individual incomes and expenses, to maintain the parties in as close to their pre-separation condition as possible pending completion of their divorce.
In short, temporary support may be ordered in any amount based upon the party’s need and the payor’s ability to pay. Findings of the trial court on need and ability are reviewed, if there is an appeal, under the abuse of discretion standard.
Whether you are the payor or the recipient of pre-judgment spousal support, you will find well-trained, experienced and expert assistance at the Law Offices of Duane Henry. We handle divorce, paternity and other family law cases exclusively, so that we know those areas of law thoroughly and can provide legal representation and mediation services with respect to pre-judgment spousal support at a reasonable cost. We don’t have to “reinvent the wheel” (or “re-learn the wheel”) just for you and at your expense.
If you or your ex-spouse lose your jobs or have a significant increase or decrease in income, please contact the Law Offices of Duane Henry promptly as you are likely entitled to a modification of your temporary, pre-judgment spousal support, Such modification will not be retroactive to the event unless we file court papers for you immediately. We handle such modifications frequently and on a routine basis. Contact us if you suspect that one of these changes may have happened to your ex-spouse as we can help you find out for sure.
We are constantly involved with pre-judgment spousal support issues representing both husbands and wives (in approximately equal numbers), whether they be payors or recipients of pre-judgment spousal support.
We practice exclusively in Contra Costa County courts, so we know the leanings and preferences of Contra Costa judges and can tailor your case appropriately. We often can negotiate or mediate your spousal support issues to get you a good deal without going to court. However, if the other side is uncooperative, we have many years of litigation experience and training to get you in and out of court with a good result at as reasonable a cost as possible.
In Contra Costa County, pre-judgment spousal support is calculated based upon a mathematical formula (often referred to as the “Alameda guideline”). The mathematical formula is primarily controlled by two factors:
1. The amount, if any, of child support being paid between the spouses, and
2. The comparative after-tax income of the spouses.
Although computer calculations (often referred to as “dissomaster”) applying this mathematical formula are available on the internet and at the Facilitator’s office at the courthouse, the real “art” to determining proper pre-judgment spousal support is in determining what the correct numbers for the many inputs into the mathematical formula are. There is extensive case law addressing and defining the various inputs. Income can even be imputed although the payor or recipient is not actually earning that much. This takes more expertise and personal analysis than you can find on the internet or obtain at the Facilitator’s office. The difference can be a significant amount of money. The Law Offices of Duane Henry will make sure the the correct numbers, the ones most favorable to you as permitted by law, are input into the formula.
Please contact the Law Offices of Duane Henry to discuss any questions that you may have regarding pre-judgment spousal support.
