Alimony in California?
Alimony in California is determined by presiding Judges and officials. Alimony, of course, is mainly awarded to mothers with dependent children. These mothers, of course, have divorced their husbands, or have been abandoned or estranged by the biological fathers of their children. In order to receive alimony, however, the mother has to prove hardship and not be in a position of financial advantage. This course of action will be determined by the mother's attorney or legal representative.
You need to consult with an attorney who can review your situation and explain your options under your state laws.
How much can a wife take in alimony property finances etc. if SHE files divorce after realizing she wants to be free to date other people - California?
The fact that she was the one who filed for divorce and it's because she wants to date other people will have no bearing on property settlement or alimony.
Washington Divorce law views spousal maintenance on the basis of what is called the "economic partnership model". However, it usually focusses on the length of the marriage. If the marriage is less than five years you very rarely get maintenance. The only time I see maintenance/alimony awarded in ma…rriages less than five years is where one party is unemployed or would end up on the street if their partner just left them. Even in those cases, the awarded at temporary orders reads something like: "The [husband/wife] shall pay to the wife maintenance in an amount of $500 for six months or until the wife secures full-time employment. If full-time employment has not been found in 6 months the [husband/wife] may petition the court for an extension but only for good cause shown." I have written orders like that many many times. At the temporary orders stage the judge or commissioner makes his or her ruling and says "Counsel, Write up the Orders". Tradition has it that the primarily prevailing party draws them up, although sometimes a lawyer much older than you will assume that he or she will do the honors. We then often times have to go back in and argue over them. But that is usually if the attorneys either don't know each other or one is inexperienced. As lawyers we also sit in the back of the courtroom and wait for our case to be called. During that time we talk with other attorneys about their cases or watch how the judges and commissioners decide other cases in Family Court. On the other hand marriages longer than 20 years almost always do involve some form of maintenance, or "evening out" of the income and assets over time. The goal of the Court in such long-term marriages is mainly to maintain the parties financial standing at the same level for a considerable time after the marriage. Spousal maintenance in Washington has traditionally been defined by an oft-quoted (and legally cited) bar journal article by Judge Windsor.It has been cited in many Washington divorce Supreme court cases. Recently, there has been discussion regarding a new metaphor. A recent (2006) Washington State Bar Journal article discusses the subject. To read the article click here. Maintenance can be highly discretionary and the cases I have dealt with on appeal have been difficult to overturn. That is basically the general concensus: the Judge or Commissioner must have really, really screwed up before they overturn it. Yes, you are thinking the right thing: it is very important to win at the lower levels. Don't sit back and comfort yourself that "If they make the wrong decision I can just appeal." This is not tax or corporate law. There are fewer analytical rules to follow. Answer I am almost positive that Washington is an alimony state because my 2nd husband pays for alimony and child support. And Washington is a state where the spouse who does not have custody of the minor children has to pay for half of the extra curriculum activities. That is in addition to child support. At least that is what my-soon-to-be ex-husband told me. (MORE)
The present day term for alimony is spousal support . This can be awarded to either spouse in a divorce proceeding depending on need, length of the marriage, the role of the parties in the marriage and ability to pay. If both parties are self sufficient alimony is not awarded. It may be awarded tem…porarily while one gets the necessary training or education to become self-sufficient. The original awards for alimony were granted under early English Common Law when women were not allowed to work and were kept in a state of dependency by their husband's and the law. The courts recognized that they had to allow women to separate from their husbands in serious cases of abuse or abandonment. Although divorce was rarely allowed, alimony was awarded because the wife had no way to support herself and her children. Men were forced to support the wives they had abused or abandoned. A married women (most women) had no way to earn a living and all her property was under the control of her husband. She owned nothing and had no legal existence outside the marriage. As time progressed, alimony was a means to equalize financial resources between the parties since traditionally a woman supported her husband's education and career and could in no way match the earning power he developed with her help and support. Alimony is not something you can simply apply for. In fact, most marriages that end in divorce do not involve alimony at all. You need to consult with an attorney who can review your situation and explain your options under your state laws. The decision will eventually be up to a judge. (MORE)
Answer A set amount of money paid from one spouse to another to help the lesser-earning spouse maintain a certain standard of living. Alimony is most common in situations where one spouse makes considerably more than the other. Also referred to as "spousal support". Answer Alimony is a payment mad…e by one spouse to another when they divorce. The amount is usually set by a judge. If one person in the relationship tends to make more money or supports the other person in the relationship the judge might order " alimony " to be paid to that person in order for them to continue living as they were. It is reguarded by most non lawyers as a punishment ordered by a judge to men and now some women because our legal industry makes vast sums of money off the litigation all the while caring nothing of the lives the destroy so one side can work 2 jobs while the other has to do nothing in return. It is what is known as justice (MORE)
If your ex is not working then I do not think you can get alimony...the whole point of alimony is for the "dominant" partner...as in the one that makes more money, to provide financial support for the other after a divorce, but if they are not making any money themselves then you cannot expect them …to be able to support you if they can barely support themselves. (MORE)
Be a woman, Tell the judge you want every dollar your ex will ever make, you don't want to ever work again, and it is your opinion that he should be punished for life. He will award you everything and anything you want, Also if you want more than that move to Florida, file there, because men in divo…rce court are like a Jewish person in the courtroom of judge Osama Bin Laden (MORE)
For how long does a husband have to pay alimony to his ex-wife in New York Satate?
You need to review the particular court order that addressed alimony. There is no universal answer to that question..
There is no brighline answer to this question but usually short marriages to not qualify a spouse for alimony because there is an assumption that there was not enough time to create the need for alimony payments. More specifically, the court assumes that you have kept the same ability to support you…rself that you had before marriage. And each spouse is expected to be substantially independent and self-supporting within a short period of time. However, there are circumstances in which a shorter marriage would allow for alimony. For example, a situation in which one party was not working at all and does not have the skills to make an income or some other showing of hardship. (MORE)
Some states allow you to receive temporary alimony while the case is pending in court, however, you cannot receive alimony after the annulment has been granted.. This is because an annulment declares the marriage to be "void" and erases it as if it never existed under the law. Spousal support canno…t be awarded if no valid marriage existed.. If you believe you will need spousal support, you may prefer to file for divorce or legal separation as alimony may be awarded in both of these cases. (MORE)
This type of alimony represents payments made from one spouse to another to allow the lesser-earning spouse to acquire the necessary training or education needed to become self-supporting.. Rehabilitative alimony is temporary in nature as it assumes that, once the rehabilitative process is complete…, the spousal support will no longer be needed. Common instances where this would be appropriate include providing a newly single mother with young children additional support until she is able to go back to work or perhaps when one party lacks the skills necessary to earn an acceptable living. Oftentimes, rehabilitative alimony is paid to a spouse who left the workplace to raise children and will need some time to re-educate and re-orient herself to work outside the home again.. Divorce decrees that stipulate rehabilitative support will normally include a time frame for the alimony to be paid after which the spousal support is subject to review by the court. If the support is subject to review, the parties will meet again to determine if the support should continue for another fixed period of time or if changes should be made. (MORE)
We don't know. How much does your spouse want? How much money do you make? Sometimes women don't ask for alimony when they file for divorce. If you file for divorce you might not have to pay anything. If you make big money you'll pay big bucks. If you have a low paying job you can expect to pay less… than half of your salary. (MORE)
Alimony payment can be contested at any time. An attorney should beable to start the paperwork to contest it. The best time to contestalimony is at the beginning of the divorce or separation.
i AM AFRAID IT LAST FOR THE SPOUSE LIFE TIME. I f there no children involved and she works SUIT by moving to another state is a remedy since she must pursue monetary due in that state . MEANING HIRING AN ATTORNEY IN THAT STATE AND SUING THE SPOUSE IN THAT STATE. Possible but hard to do.
In California if non-custodial father remarries does the ex have a right to go back and seek alimony?
As a means of punishing him for moving on with his life? Alimony would have been ordered at the initial divorce, not later.
My husband was ordered to pay 200.00 a month alimony until his ex. remarries or dies.He has not paid for 12 years. Can his ex. upon his death still try to collect it. She has never mentioned it to him since he quit paying her. Is their a time limit for her to have pursued back alimony?
Alimony is granted as part of a divorce proceeding. Alimony arrangements are generally agreed to by divorcing spouses in their marital settlement agreement or by court order by the court with jurisdiction over the divorce.
You don't. The judge does, based on current guidelines for the court. If alimony is involved, you need an attorney.
If both work but the parent with custody of the children cannot make the payments of the basic household finances on their own, they should be awarded alimony for an allotted time, until their situation can be transitioned into their new life.
It's possible to seek a modification of the divorce decree afterwards. You'll need to consult a lawyer who is familiar with the law in your state to get a definitive answer, though.
If you're in the US, yes. Alimony is not for the support of children, it's for the support of ex-spouses. However, judges are not required to order alimony, and usually they only order it in specific circumstances.
YES it is and it is entered on your 1040 income tax return line 11 Alimony received
Depends if you want to do it the legal or illegal way. LEGAL: You could always get a job with lower income then your ex. ILLEGAL: Ask to get paid "Under the table", or work the corners.
No, since a divorce decree terminates any and all claims the parties have or may have had against each other.
It Stops when judge ruled in such case ,some get it till you remarry or until you die other half of marriage years you had together..
This depends on the country or state you live in. Best answer I can give you is call your local courthouse or City Hall and ask them, they should be able to give you the answer.
Alimony is a maintenance payment by a person to his or her spouse. The rules vary significantly between states and between countries but in general, the payment is set by a court and will take into account matters such as behavior of both parties , previous lifestyle and the needs of each person. Ch…eating is behavior that will gain no reward from the court but is rarely the only factor in the judgment made. Alimony is not child support. Regardless of the behavior of either the husband or the wife, child support payments are almost always demanded from the absent parent to assist in the costs of raising children, if there are are any. In this enlightened age of equality, alimony and child support payments may be required from either the wife or husband depending on the circumstances. (MORE)
Yes. However, the Consumer Credit Protection Act limits the amount. Your wages can be garnished up to a maximum of 50% to cover child and/or spousal support if you are supporting another spouse or child. If you are not supporting another child and/or spouse, up to 60% of your wages can be garnished.… Generally, no more than 25 percent of a person's wages is garnished. (MORE)
"Child support" is self-explanatory. Alimony (or maintenance) is intended to support the former spouse. It is usually temporary, until the former spouse can become self-sufficient.
Yes, under the Uniform Domestication of Foreign Judgments Act , which arises from the Full Faith and Credit clause of the U.S. Constitution.
Nothing. Alimony is only required by court order in the case of a divorce. A current spouse cannot be compelled to send alimony. Let's leave the semantics aside for the moment. If your ex -spouse stops sending the court-ordered alimony, then you can report them (if you're not sure who to report… them to, call your local legal aid office and ask... the information desk at your nearest courthouse should be able to give you their number). Nonpayment of support is looked on unfavorably by the courts. (MORE)
Where the former spouse-payor proves to the court that a change in circumstances on the part of the former spouse-payee has occurred such that it should no longer be lawful that the former spouse-payor should continue to be required to pay.
monthly alimony: is money you are ordered to pay (on a monthly basis) by court, to a divorsed or separated spouse.
You need to review the terms of your divorce agreement. Filing as domestic partners may affect alimony payments. However, you need to consult with the attorney who represented you in your divorce who can advise you under the legal terms of your agreement and your state laws. You need to review the …terms of your divorce agreement. Filing as domestic partners may affect alimony payments. However, you need to consult with the attorney who represented you in your divorce who can advise you under the legal terms of your agreement and your state laws. You need to review the terms of your divorce agreement. Filing as domestic partners may affect alimony payments. However, you need to consult with the attorney who represented you in your divorce who can advise you under the legal terms of your agreement and your state laws. You need to review the terms of your divorce agreement. Filing as domestic partners may affect alimony payments. However, you need to consult with the attorney who represented you in your divorce who can advise you under the legal terms of your agreement and your state laws. (MORE)
If you are court ordered to pay alimony, losing your job does not automatically negate that order. However, it may give you grounds to go back to the court and request a modification of the order, terminating the alimony obligation. If you are in the process of a divorce and become unemployed, it i…s unlikely that you will be ordered to pay alimony, but not impossible. (MORE)
Alimony payments are ordered by a court or agreed upon by the parties, based on the facts and circumstances of the divorce.
You don't deserve a dime if you cheated, but unfortunately it ispossible depending on the laws of your state. You should get a(really good) lawyer to argue why you "deserve" alimony.
How do you enforce payment of court ordered alimony when the ex spouse is receiving unemployment or disability payments through the state of California?
You need to ask the court who ordered the alimony for help or an explanation of how to do it yourself. Also, see the Related Question below for more information.
Alimony is subjective, and based on the situation. There are no hard rules. However, one of the factors that the court must consider in awarding alimony is whether one party has become dependent on the other for the good of the marriage. In a short term marriage, this is unlikely.
You bet! You can get taken to court for not paying. I don't believe that you can chapter 7 it either.
Alimony is when two people are divorced and one has to pay the other to help maintain their style of living. Alimony Lawyers are good for helping one of the divorcees get the alimony they deserve or even more.
Even foreign courts honor the court rulings of other countries. The question might be, what action will they take, if any, to enforce it.
No, you cannot get alimony if you were never married. There is, however, something called palimony, but it is very difficult to get.
The alimony you get can increase based on the income of both spouses. If the person paying the alimony starts to make more money, they can be required to pay more based on a percentage.
Generally, no. An annulment erases the marriage as though it had never taken place. If the couple has been married long term and have children and property the court will divide property and order child support as in a divorce. However, many states do not allow an annulment if there are children inv…olved. You need to consult with an attorney in your jurisdiction who can review your particular situation, if necessary. Generally, no. An annulment erases the marriage as though it had never taken place. If the couple has been married long term and have children and property the court will divide property and order child support as in a divorce. However, many states do not allow an annulment if there are children involved. You need to consult with an attorney in your jurisdiction who can review your particular situation, if necessary. Generally, no. An annulment erases the marriage as though it had never taken place. If the couple has been married long term and have children and property the court will divide property and order child support as in a divorce. However, many states do not allow an annulment if there are children involved. You need to consult with an attorney in your jurisdiction who can review your particular situation, if necessary. Generally, no. An annulment erases the marriage as though it had never taken place. If the couple has been married long term and have children and property the court will divide property and order child support as in a divorce. However, many states do not allow an annulment if there are children involved. You need to consult with an attorney in your jurisdiction who can review your particular situation, if necessary. (MORE)
Both need to be part of the divorce agreement--or else you'll just end up in court again, spending more money. Answer No. The divorce decree signifies the marriage is over, that all matters between the parties have been resolved, and the parties have no further claims against each other…. Separation agreements that are incorporated into the divorce decree have a clause to that effect. The courts are extremely busy. They do not have the time to hear divorce cases in a piecemeal fashion. They do not allow you to take care of only one part of the dissolution of the marriage and come back later for the rest. It must all be settled when the decree is entered. If necessary both alimony and child support orders can be modified by later court orders if the circumstances change. (MORE)
Yes, depending on state rules and income limits for welfare. Alimony may not be the best choice for the custodial parent.
A divorce lawyer will handle the complicated process of dissolving a marriage, this includes, alimony and property division and child custody agreements. The lawyer will advise you appropriately according to your circumstances. When a marriage breaks down and divorce proceedings commenced it is norm…ally a condition of the settlement that the person who earns more will have to make payments "alimony" to the spouse with a lower income to match the lifestyle they have become accustomed. (MORE)
You will have to hire an attorney to get alimony in the state ofSouth Carolina. The attorney will file papers in court and judgewill have final say over the matter.