Divorce in California:?

Question

Is one spouse obligated by the law to provide spuosal support if the spouse is not making enough money or works part time?

Answer 1

This may help. God bless and I hope all works out. I know how tough a bad marriage can be and how scary money issues are.

2) If I am not working right now, at the initial Order to Show Cause hearing, will I be required to find a job immediately?
At the order to show cause hearing, the judge is not concerned about the employability of the wife. Instead, at this stage, the judge merely wants to preserve the status quo and provide the wife with sufficient income for her basic needs, consistent with the parties' life style.
3) How does a judge determine spousal support at the time of the trial?
At the trial of the dissolution, the California Family Code provides the judge with a long list of factors that are to be considered in determining the amount and duration of spousal support. This list includes such factors as the length of the marri age, the parties' prior living standard, the extent to which the supported spouse contributed to the attainment of an education or professional license by the other spouse, the presence of young children in the home, and the employment opportunities avail able to the spouse requesting support.
4) How long will my spousal support last?
In general, where the marriage has lasted more than 10 years, the court will, at the very least require a "reservation of jurisdiction." This means that, even if there is no current order for spousal support, the wife will be permitted to come back to court at a later date to request spousal support should the need arise. In marriages of less than ten years, spousal support will usually be paid for approximately one-half of the length of the marriage.
5) Is the spousal support I am paying tax deductible?
The Internal Revenue Code provides that all spousal support payments are tax deductible by the paying spouse and taxable to the recipient spouse as "ordinary income." For this reason, it is not uncommon for a negotiated settlement to include the paym ent of a high amount of spousal support, because such a p

Answer 2

I woudl definitely speak with an attorney. I think it would depend on how long you have been married and if the spouse stopped working to raise a family, or always worked part-time even before you were together. If your standard of living together is higher than what they had before you then they could possibly ask for alimony...to be able to keep up the life they have become accustomed to. I have a cousin whose ex-wife pays HIM alimony for that reason...she made a lot more than him.

Answer 3

I think it depends on the length of time of the marriage....and how much debt was incurred together. But regardless, the other will be held to a pay standard. The person making less can't work part time to get more support

Answer 4

Hello that is great. relationship is to share in each others need and problems.You should be there for each other in hard and good times do things as one body, assist in each others need.
thanks and goodluck

Answer 5

yes --it's called alimony