How is temporary spousal support calculated in a North County San Diego divorce case? What is the difference between a “temporary” order and a “permanent” order and why does this matter?
Lets begin with the second question first. “Temporary” orders are issued by the Judge in your case near the outset of the divorce. These orders are designed to keep a level financial and “status quo” balance between the former spouses while the divorce unfolds. When it comes to temporary spousal support, the Judge in your case has the power to order “any amount that is necessary” to balance the paying spouse’s income with the receiving spouse’s financial strength.
How is temporary spousal support calculated and is it awarded in every case? The State of California has complex laws regarding the calculation of spousal support. The Judge actually has a wide degree of flexibility in this crucial decision. The Judge is seeking to level the playing field. If there is a balance of financial strength between the two parties the Judge may not award temporary spousal support. When there are substantial community property holdings and/or the proposed recipient of spousal support is not awarded child custody the Judge may decline support.
The Judge will review the gross income of both former spouses. After consideration of all valid deductions from income (i.e. taxes, healthcare, child support, etc.) the Judge will consider the tax status of both individuals. The experienced Certified Family Law Specialists at Burke & Domercq have decades of experience in North County family law courts. We can help to answer your questions regarding the likelihood and potential amount of temporary spousal support in your case.
The process for how the temporary spousal support was calculated will have a strong impact on the ultimate outcome in your case. Toward the end of the divorce process the Judge will issue “Permanent” orders. There are many factors which will go into the duration and amount of permanent spousal support. This includes but is not limited to the length of the underlying marriage as well as the economic viability of each former spouse. However, the process for how the temporary spousal support was calculated provides a portion of the underlying calculation of permanent orders. Therefore, as your attorneys we must vigorously protect our client’s objectives at the outset to achieve the best long-term outcome in your case.
If you are considering a divorce in Carlsbad Encinitas Oceanside Vista or Rancho Santa Fe we invite you to contact the experienced North County spousal support attorneys at Burke & Domercq or call 760-712-3741 to learn more or schedule an appointment.