Campbell Alimony Lawyers: Securing Fair Spousal Support Outcomes

A Compassionate Family Law Firm Here to Help Clients Navigate the Divorce Process and Alimony Payments

As you navigate divorce proceedings in Campbell, CA, you might have questions about common family law issues, including alimony. Also known as spousal support, alimony refers to regular payments one spouse makes to the other after divorce. Not all divorces involve spousal support, as it’s generally only an issue when one spouse earns substantially more than the other. Spousal support ensures that the spouse who earns less can pay their bills and maintain their lifestyle even after the marriage ends.

As such, not every divorce involves this family law issue. If you and your spouse make about the same income, a judge might not order either of you to pay alimony. If you’re interested in learning whether you’re likely to be awarded spousal support or have to pay it, you should talk to Campbell alimony attorneys about your divorce.

What is the Difference Between Temporary and Permanent Spousal Support?

During a divorce, a judge can order temporary or permanent (or long-term) spousal support. Temporary spousal support is usually put in place immediately to ensure that the lower-earning spouse can keep paying their bills during the divorce process. The temporary financial support that one spouse is ordered to pay is usually determined by a formula that takes into account each spouse’s income.

Once the divorce is final, the courts might order one spouse to pay permanent spousal maintenance to the other. The amount will be determined by multiple factors, not just income. In addition, permanent support does not mean the payments will continue forever. Instead, if the marriage lasted 10 years or less, payments would likely continue for about half that time. So, if you were married for six years, alimony could last for three years.

If you were married for more than ten years, there is no set amount of time for alimony to continue. In most cases, it will end once the recipient becomes self-supporting and no longer needs the payments. Experienced alimony attorneys can tell you whether you’re likely to pay or receive spousal support, so contact Hepner & Pagan, LLP to learn more.

How is Alimony Calculated in Campbell and San Jose, CA?

California courts consider many factors when determining who must pay alimony and how much they should pay. This is why it’s so important to get legal representation from a skilled alimony attorney before alimony is calculated.

Some of the most common factors that affect spousal support include the following:

• The length of the marriage
• Each spouse’s income and earning capacity
• The standard of living the couple had while married
• The age and health of both spouses
• The assets and debts of both spouses
• Whether one spouse sacrificed their career or education for the other spouse’s career while married
• One spouse’s ability to pay
• Possible tax consequences for both spouses
• Any evidence of domestic violence during the relationship

If you believe any of these factors could affect whether you pay or receive spousal support, it’s important to talk to our team for legal guidance. Contact our Campbell law offices today to schedule an initial consultation with experienced alimony attorneys.

What Happens if You’re Ordered to Pay Spousal Support in California?

If the court determines that you should support your former spouse financially, you’ll be expected to adhere to the order. However, sometimes circumstances change, and the person paying spousal support can no longer afford their payments. If this is the case for you, you should get legal representation to help you prove that a significant life change prevents you from continuing to pay.

For example, if you lost your job or your income is much lower than when the support was ordered, you can request a reduction or termination of the payments. This is especially the case if you can show that the receiving spouse has since remarried or can now support themselves. Contact skilled Campbell alimony lawyers to find out what your legal options are when it comes to modifying or ending spousal support.

Can You Challenge the Demand for Spousal Support from the Other Party?

If one party demands either temporary or permanent spousal support, you may have the right to challenge the need for providing those payments to the other spouse. Depending on your and the other party’s financial situation, there may not be a call for a court-ordered spousal support arrangement. Various issues will be taken into account, such as whether you actually earn less money than the party requesting financial assistance, as well as other factors. Perhaps you believe that the ex-spouse only needs to take a small initiative to become self-sufficient and improve their financial situation, so any permanent alimony arrangement would be unnecessary. A central consideration for the courts in determining the need for permanent or temporary alimony is the financial independence of each spouse. Steps may be taken by the courts to ensure the supported spouse can achieve self-sufficiency in the near future.

Ultimately, to successfully contest the call for permanent or temporary support, you must gather various pieces of relevant evidence to support your claims. Examples of evidence that could be useful to your case could include financial records, documentation showing significant assets in the other spouse’s possession, as well as proof of the other spouse’s employment opportunities, and other additional factors relevant to their financial situation. If you can successfully demonstrate that the other spouse can maintain a certain standard of living without the need to call for a court order of alimony, it may be possible to get their request for alimony denied.

As your family law lawyers, we will explore all possible options to challenge the need for additional court-ordered alimony. After all, not every disadvantaged spouse is necessarily entitled to spousal support after a divorce or mediation. A short-lived marriage, the absence of children and child support, significant assets, and other considerations will be considered.

To discuss these and other legal issues with our Campbell and San Jose alimony lawyers, please contact our law office to schedule your initial consultation today.

What Are Your Options if the Supporting Spouse is Not Paying the Ordered Alimony?

If you are divorced or have gone through a legal separation and there are court orders for spousal support payments, those orders must be followed to the letter. Failure to comply with court orders can result in severe consequences. But what can you do if the other spouse is failing to pay the court-ordered spousal support payments?

In most cases where one party fails to pay the spousal support they’ve been ordered to pay, the other spouse must file a motion with a family court to ask the judge to review the case and enforce the orders.

Alimony enforcement can be achieved by various means, including holding the spouse in contempt of court, withholding income, and issuing a writ of execution. To learn more about these and other matters, begin your attorney-client relationship with our legal team by contacting our law firm to schedule your case consultation today.

Is it Possible to Modify Existing Orders for Spousal Support Payments?

If there have been significant changes in circumstances, such as job loss, substantial changes in financial circumstances, or other factors, it may be possible to request a modification to an existing spousal support order.

As your attorneys, we will help examine your case to determine whether you meet the grounds to request modifications to your alimony agreement before returning to court to present evidence to a family law judge. It’s critical that you not make any informal changes without understanding that there may be legal repercussions awaiting those who act without the court’s permission.

Do You Need the Legal Services of a Family Law Attorney?

Whether you are seeking a lump sum payment of alimony in the Bay Area or are curious about the specific conditions for modifications to existing spousal support orders, you must seek professional legal representation to assist you in these matters.

Our California alimony attorneys have extensive experience in these and other family law practice areas, making us highly qualified to represent your interests and pursue a favorable outcome.

Among the services we provide are the following:

• Emotional support and access to various resources to assist you during this difficult time in your life.
• Uniquely tailored strategies that consider all the unique circumstances of your case and personal goals that you have going in.
• Years of experience in high-stakes negotiations, advocating for the best interests of our clients both in litigation and in divorce mediation.
• Carefully constructed alimony arrangements that safeguard you today and into the future, ensuring that all aspects are properly addressed to limit the possibility of future conflict.

Contact Our Campbell Law Offices to Request a Consultation with Our Experienced Alimony Attorneys Today

At Hepner & Pagan, LLP, we have spent years helping clients through the divorce process. We understand how confusing it can be to navigate topics like property division, child support, and spousal support. We will take on your case while keeping your best interests in mind from start to finish.

If you’re ready to get answers as you work toward legally ending your marriage in Santa Clara County, call our law firm today at (408) 688-9153. We look forward to advising you during your initial consultation with our caring divorce lawyers