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“I didn't think I would get so flustered in court, but I'm glad we had the support of Ms Prendergast to help guide us along. We won our restraining order and we are so thankful for her help, professionalism, and guidance. I highly recommend.” - Former Client
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“Kim and her staff handled the situation with sensitivity, empathy and caution, reaching out to other attorneys and researching law enforcement advisement when necessary. She was always available to me, and even though the bills added up, I feel she worked” - Former Client
Types of Spousal Support
California offers four types of spousal support arrangement – temporary, rehabilitative, permanent, and reimbursement. Temporary support is a short-term option that lasts for the duration of the divorce process and ends when the judge finalizes the divorce. Temporary support is mainly to help the lower-earning spouse cover essential living expenses during the divorce process.
The most common type of spousal support is rehabilitative support, an arrangement in which the higher-earning spouse provides the lower-earning spouse the support to obtain valuable job skills or education to enter the workforce and eventually become self-supporting. This is often granted to spouses who cared for the children and home during the marriage while the other higher-earning spouse was the primary earner.
Permanent spousal support is rarely awarded and reserved for long-term marriages (10 or more years), where one spouse cannot enter the workforce due to illness or old age. Permanent support generally lasts until the supported spouse remarries or if either person dies.
Reimbursement support is unique to California, and it is granted in cases when one spouse helped finance the other’s education or career advancement training during their marriage. In such a case, the spouse who financed these courses could request reimbursement support.
How Does the Court Determine Spousal Support?
Either spouse has the right to request spousal support from the other, though it can only be granted if the requesting spouse needs the financial support and the other spouse has the means to provide it. To determine temporary support, the court will examine both spouses’ finances, such as their income, expenses, assets, and debts.
In San Bernardino County and surrounding areas such as Riverside and Los Angeles, judges typically rely on guideline calculations for temporary orders but have more discretion when deciding longer-term support. We help you gather pay stubs, tax returns, and other documentation the court expects to see so that your financial reality is presented accurately. Understanding how local courts interpret the same statewide statutes can be critical, and we explain these nuances so you know why the court is asking certain questions and what information will matter most in your case.
Working With a Spousal Support Lawyer in Redlands
When you work with a spousal support attorney Redlands residents trust, you also gain an advocate who can negotiate with your spouse or their counsel to try to reach practical agreements outside of a contested hearing. We assist with gathering evidence that supports your goals, such as employment records, medical documentation, and proof of childcare responsibilities, and then use that information to prepare you for mediation or court. Throughout the case, we keep you informed about possible outcomes and next steps so that you can make thoughtful choices about settlement, trial, or future modifications as your life changes.
Key Factors the Court Evaluates for Rehabilitative or Permanent Support:
- Each spouse's earning capacity and whether their current income reflects their ability to work and advance in their field;
- The extent of contributions the supported spouse made to the other spouse's educational degree or professional license during the marriage;
- The paying spouse's ability to pay spousal support, considering their earning capacity, earned and unearned income, assets, and standard of living;
- Each spouse's needs, based on the marital standard of living established during the marriage;
- Each spouse's debts and assets, including any separate property that may affect their financial stability;
- The length of the marriage, which can influence whether support is more likely to be short-term or long-term;
- The supported spouse's ability to become employed without interfering with the care of their minor children;
- Each party's age and health, including any conditions that limit earning potential or require ongoing care;
- Any documented history of domestic violence against either party or the children, which the court must consider carefully;
- Tax consequences to each party under current state and federal law;
- The balance of hardships to each party if support is ordered or denied;
- The goal of self-support for the recipient spouse within a reasonable period of time;
- Any criminal conviction of an abusive spouse that may affect support rights; and
- Any other factors the court deems relevant based on the specific facts of your case.
Payment Methods for Spousal Support
The court will specify how the paying spouse should pay spousal support, which can be in the form of a one-time lump-sum payment of property or cash (foregoing the need for ongoing payments) or, more commonly, through periodic monthly payments with an income withholding order that directs payroll to withdraw the spousal support from the paying spouse’s employee paycheck.
Modifying Alimony: What You Need to Know
If they can demonstrate a significant change of circumstances since the original order, either spouse can ask the court to modify or terminate the support order. This may be the case if the supported spouse is not making a good-faith effort to become self-supporting (e.g., they are not job-searching), or if the paying spouse becomes ill or disabled and can no longer make payments.
Contact Kimberly Prendergast for Reliable Alimony Guidance in Redlands
For legal assistance on any stage of your spousal support dispute, contact the Law Offices of Kimberly Prendergast. We can help you with every step of the process, from requesting support to petitioning for a modification. We take a compassionate and personalized approach to our practice, and you can trust that we will build a case with your best interests in mind. We support both paying spouses and receiving spouses, and we will advocate firmly for your spousal interests.
Schedule a consultation with the Redlands spousal support lawyer at the Law Offices of Kimberly Prendergast online to get started.
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