California Spousal Support Basics

If you’ve just started researching California spousal support basics (or, if you need a refresher), this article will get you started in the right direction. However, if you need specific advice about your individual situation, it’s likely in your best interests to consult with a qualified family law attorney. In the meantime, it will help you to know…

Spousal Support is NOT Automatic

In California, spousal support is not automatic. If you need it, you must ask for it.

After you file your petition for dissolution (initial divorce papers), file your request for temporary spousal support immediately. If you don’t, you may miss out on several months of payments.

In addition, when you consult with your family law attorney, be sure to let him or her know if you want to explore permanent spousal support.

Written by Robert S. Kamin. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com

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Florida Gov. Scott vetoes bill that would end permanent alimony in state

TALLAHASSEE, Fla. – Gov. Rick Scott vetoed a bill late Wednesday that would have ended permanent alimony in Florida.
Scott vetoed the measure (SB 718) just four hours before the midnight deadline to approve or veto it. The bill automatically would have become law if Scott had done nothing by then.
If it had become law, Florida would have become the fifth state to abolish permanent alimony.
In a letter to Senate President Don Gaetz, Scott commended bill sponsors Ritch Workman in the House and Kelli Stargel in the Senate — both Republicans — and said there are “several forward looking elements of this bill.”
But alimony “represents an important remedy for our judiciary to use in providing support to families as they adjust to changes in life circumstances,” Scott wrote. “As a husband, father and grandfather, I understand the vital importance of family.”

Written by Fox News. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com

Changes in Spousal Support: When and How it’s Done

OCEANSIDE, CALIFORNIA – Going through a divorce is never a pleasant experience. Being forced to pay alimony to your former spouse can be an unpleasant monthly reminder of the chapter you’ve fought to close. But continuing to pay alimony to a former spouse who’s moved on and is being supported by someone else? That is like rubbing salt in a wound for some.
Recently we’ve had a couple of clients who found themselves in this situation and we’re happy to report that the outcome for our clients was favorable. We successfully reduced the amount of spousal support they were required to pay. But these scenarios raise some common questions, which we’re addressing in this article.

Written by John Griffith. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com

Alimony law in Florida changes drastically under new bill

TALLAHASSEE Florida lawmakers sent Gov. Rick Scott a bill Thursday that would drastically overhaul the state’s alimony laws, reforming payments that opponents say have been critical to ex-spouses — mostly women — who are trying to rebuild their lives after the breakup of their marriage.

SB 718, approved by lawmakers by an 85-31 vote, would end permanent alimony, cap alimony awards based on a person’s income and the length of the marriage and make it easier for an ex-spouse to terminate or lower alimony payments upon retirement. It also gives parents equal custody of any children in the marriage.

Written by Kathleen Haughney and Lisa Huriash. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com

Understanding Spousal Support

In North America, it’s the judge’s place to decide how the marital assets should be divided. By closely examining the assets of each spouse, the judge can determine if spousal support should be paid – and by whom. In some cases, the assets may generate sufficient income that either no spousal support is necessary or it can be reduced.
Each state has guidelines to calculate spousal support. However, they are generally just that – guidelines. Whether or not spousal support should be awarded is up to the discretion of the judge. The judge can also decide the amount of spousal support and the period of time that it should be paid. In Canada, there are no such guidelines: a judge decides whether or not spousal support should be paid, as well as the amount and duration.

Written by Nancy Kurn. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com

Is spousal support based on a gender bias?

Late last month an article in the Huffington Post raised an interesting issue about spousal support. For those who are unfamiliar with family law, spousal support refers to payments made by a higher-earning spouse to a lesser-earning spouse after the marriage ends in divorce.
Also known as alimony, spousal support can be ordered for a temporary or permanent length of time and often depends on several factors, including the length of the marriage and the earning potential of both spouses.
Historically, men have more frequently been ordered to pay spousal support to their ex-wives, but under the law, either spouse can be ordered to pay spousal support to an ex.
As social norms have changed in recent decades, many women now earn more than their husbands and many fathers are choosing to stay at home to raise their children, meaning that more men could be entitled to spousal support. But as the Huffington Post article pointed out, very few men currently ask for spousal support.

Written by Jerald A. Kessler. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com

Alimony: Are The Days Of Longterm Alimony Behind Us?

Is longterm alimony becoming less common?

According to Barry I. Finkel, a family law attorney, there is a nationwide trend against lifelong alimony. Finkel stopped by HuffPost Live on June 18 and explained that the changing economic times may be helping make this form of alimony a thing of the past.

“Mostly you live now in two income homes,” he said. “And the times of a woman sacrificing her career to raise the children are few and far between.”

To hear more of Finkel’s thoughts on the subject, check out the video above (and watch the full segment here), then click through the slideshow below to quiz yourself on the biggest celebrity divorce settlements.

Written by Huffington Post. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com