California Attorneys For Spousal Support
If you are considering filing for divorce or are already a party to divorce, one of the challenges you may face is whether or not alimony/spousal support is appropriate. You may need the support for a period of time, but feel uncomfortable asking for money. If you are the payer, you may find it difficult or impossible to meet your own needs if you have to pay alimony. You want an experienced lawyer to protect your interests, someone who has successfully assisted others in circumstances similar to yours.
At Butler, Thiessen & Metzinger, Inc., we bring decades of experience to men and women involved in alimony or spousal support disputes. We have protected the rights of people throughout the Central Valley in California since 1986, focusing our practice exclusively on family law matters for more than 30 years. We are dedicated to finding solutions to your differences, working closely with you to identify and implement creative ways to meet your objectives. We will carefully explain the law and the process to you, as well as your rights and options, so that you have a realistic expectation of your chances of success.
To schedule a confidential consultation, call us at 209-390-8829.
Spousal Support In California
We will help you determine whether a grant of alimony or spousal support is warranted and, if so, identify the amount, frequency and duration of support payments. We have a comprehensive understanding of the factors the court considers when evaluating a request for alimony such as:
- The length of the marriage
- The age and health of the parties
- The standard of living to which you were accustomed
- The earning capacity of the parties
We will help you determine whether support needs to be permanent or whether a grant of temporary or rehabilitative support (until both parties have the skills and training to be gainfully employed) is more suitable to your situation. When realistic, we will assist both parties toward the goal of being self-supporting.
Frequently Asked Questions On Spousal Support In California
Below are answers to some commonly asked questions about spousal support that we come across during consultations.
Can the supported spouse be required to seek employment?
Yes, a supported spouse may be required to make reasonable efforts to become self-supporting under what is known as a Gavron warning. Courts use this warning to encourage job seeking or skill development after separation or divorce.
There is no fixed number of years for a Gavron warning. In many cases, courts expect a supported spouse to become self-supporting within a reasonable period that is often tied to about half the length of the marriage. However, the exact timeframe depends on factors such as age, health, education, work history and the overall ability to find employment.
This helps ensure that long-term support does not continue when the spouse has the ability to earn income. Courts may expect job searches, training or education depending on the case.
How are California spousal support payments enforced?
Spousal support can be enforced through several legal mechanisms used by the court for compliance with court-ordered payments. These tools help ensure that the receiving spouse obtains consistent financial support. They are commonly used when voluntary payment does not occur. These enforcement tools may include the following:
- Wage garnishment through employer withholding orders
- Earnings assignment orders directing payments from income sources
- Contempt of court proceedings for failure to comply
- Liens are placed on property or assets to secure payment
These enforcement options allow courts to secure payment and protect the supported spouse’s financial stability. They may also provide long-term compliance solutions when payments are delayed or missed.
What will happen if my ex-spouse refuses to pay court-ordered spousal support?
If a former spouse refuses to pay court-ordered spousal support, serious legal consequences may follow, as courts treat these obligations as enforceable orders that must be followed after a divorce or separation. This can include enforcement through the court system without delay.
They may face enforcement actions such as wage garnishment, property liens or court sanctions. These measures help to encourage compliance with court orders and prevent ongoing financial harm. Continued nonpayment can also lead to contempt proceedings, which may result in fines or jail time. Courts may take stronger enforcement action if the refusal continues. It is important to work with an attorney for guidance on addressing nonpayment.
Contact Our Offices
For a private meeting with experienced Stockton spousal support attorneys, contact our offices by email or call us at 209-390-8829.