Alimony/Spousal Support Archives - Experienced Attorneys Upland

Nov 24 2015

Experienced Divorce Lawyers In Upland California

Law Offices of Marc Grossman

A Reputation of Trust and Respect

More than 100 years practicing family law, the Law Offices of Marc Grossman is one of the most experienced divorce lawyers in Upland, Ontario, Montclair, La Verne, Rancho Cucamonga and the surrounding areas of Southern California. Our caring and compassionate family law experts provide tough and effective representation in divorce or child custody cases. We know how to protect your rights and resolve your family law case quickly. We won’t let your divorce case drag on any longer than necessary which means lower overall all attorney’s fees and less emotional stress on you and your family.

”Call today to speak with one of our family law experts. We will answer all of your questions and explain how we can help 1-855-LOMG-911”

Why Our Experienced Divorce Lawyers are the Best Choice

The experienced divorce lawyers at the Law Offices of Marc Grossman are top rated family law attorneys who take each divorce or child custody case personally. We understand that family law cases are deeply personal and emotional. Family law cases can also be financially devastating as one household breaks into two. Attorney’s fees are a necessary part of a divorce to insure a fair outcome for everyone but these fees add to the stress of the situation. Our experience tells us that the key to recovering from a divorce both emotionally and financially is to achieve a fast, fair resolution. We leverage the strength of our law firm’s tough and effective reputation to push for a fast but fair settlement. Because your case won’t drag on any longer than necessary, you will spend less on attorney’s by hiring us over other smaller, less experienced law firms in Southern California.

Call today or use the contact form on this page to request a free consultation with one of our family law experts. 1-855-LOMG-911.

Aug 30 2015

Divorce Court is Expensive-Try a Settlement Conference

There are three primary reasons that divorce cases settle:

1. Exhaustion –

Divorces are mentally, physically and emotionally taxings. People often end up throwing up their hands and surrendering out frustration and fatigue.

2. Expense –

Divorces often end when the parties run out of money. The more two individuals fight in court, the more it will cost. A single court appearance can run into several thousand dollars not to mention the time off from work to attend the hearing. If you cannot resolve your divorce disputes by a settlement, you will spend up to 10 times more than someone who settles.

3. Control –

If they can afford it, some couples will go all the way to the brink of trial before finally agreeing to settle. This is usually because their attorney finally convinced them that going to trial means giving up control. A judge, not the parties, will decide custody, support and property issues. The court has guidelines established by law that they adhere to whereas if you reach a reasonable settlement, you and spouse have much more flexibility.

Spouses may negotiate their settlements agreements through direct communication, indirectly through their attorneys, in mediation through the collaborative divorce process or during a court sponsored settlement conference.

Most California courts require settlement conferences before the parties to a divorce, legal separation or dissolution of a domestic partnership may schedule their case for trial.

Clearly divorcing parties should take advantage of settlement conferences as they provide the opportunity to save money, decrease stress, and spend less time entangled in divorce proceedings.

Here are 10 things to help you in a divorce settlement conference:

1. Know the real issues.

Primarily divorce issues fall into one of four categories in California divorces, legal separations and the dissolutions of domestic partnerships. They are child custody, child support, spousal support and property division. Sit down and consider these four categories before your settlement conference. It is a good idea to narrow things down to the really important issues, the lessor issues will tend to resolve themselves and wasting time on them at your settlement conference will only prolong it. You should know your bottom line on the important issues and consider how your spouse may respond to your demands. Make sure that you have communicated your important issues to your attorney and that your lawyer knows your bottom line.

2. Listen to your lawyer about the law.

After having communicated the important issues of your divorce, legal separation or same sex marriage dissolution, you should listen to what your family law attorney advises about your case. A good divorce lawyer will tell their clients how the law applies in their case. You may find your important issues are not in conformity with the law or that you are unlikely to prevail on a particular issue if the matter was to go before a judge.

3. Know what it will cost.

It is a good idea to ask you divorce, legal separation or same sex marriage dissolution for an estimate of how much it will cost to take your family law case to trial. Knowing how much more that you will need to pay before attending a settlement conference will help you to determine how flexible you may need to be. If you cannot afford a trial or do not wish to spend your money in such a way, you may soften your position on somethings at the settlement conference.

4. Almost anything is possible.

If you are able to reach a settlement at a settlement conference, you will not only save money but you may be able to work out an agreement that would be unlikely in court. A judge is limited by law but the parties can agree to almost any terms. This means that an agreement can be made where on paper it may seem imbalanced but the parties themselves want it to be so.

5. Hold your cards until the last minute.

Never go into a settlement conference prepared to lay out your bottom line demands from the start. It is best to go in with higher demands knowing that you will give in to many of them. If you go in with your bottom line demands then you will be left with no room for concession.

6. Hold firm to your resolve.

When you say “hold firm to your resolve” or “remain determined” to a party to a divorce, legal separation or same sex marriage dissolution, that person will usually take that to mean that they shouldn’t give in to their demands. But, in this context it means that you should remain determined to settle your matter at the settlement conference.

7. Give a little to get a little.

You must understand one basic premise of every divorce, legal separation or same sex marriage dissolution, which is that the two of you had things together that collectively added up to more than what either of you will receive from the divorce. What each party will receive at best is something less than one half of the community assets. Similarly, child custody may be divided up. You will not have the same property after the divorce as you did during the marriage and you will not see your kids as often as did during the marriage. Knowing this going in to your settlement conference may help you to prepare mentally to let some things go to your spouse so that you may in turn receive some concessions from them.

8. Give it time.

It is not uncommon for settlement conferences to take several hours or even several days to reach an agreement. Often settlement conferences end in a stalemate but, the attorneys will likely keep the discussion going. As long as the parties continue to communicate and try to stay reasonable, there is hope for a settlement.

If you are in a divorce or if you are considering a divorce, the Law Offices of Marc Grossman will give you clear, concise legal opinions for free. Simply complete one of the contact forms you will find on our website or call 855-LOMG-911 to speak to a family law specialist now.

Aug 30 2015

How Is Spousal Support Determined

In California, alimony is called “spousal support.” When a husband and wife or same sex couple divorce, the court may order the higher earning spouse to pay the lower earning spouse spousal support. The purpose of spousal support at first is to maintain the status quo of the marriage, so the lower earning spouse is able to support themselves during the divorce case. If the couple has been married for more than 10 years, the court may order the higher earning spouse to pay spousal support for the rest of the lower earning spouse’s life or until they remarry. However, California law sets the expectation that the lower earning spouse become self-supporting as soon as they are able. This generally means that spousal support is temporary even in long term marriages. to assist the lower earner in maintaining that lifestyle for at least some period of time. Support can also consist of a single lump-sum payment, monthly payments or any acceptable agreement that the divorcing parties may make.

There are several factors the court may consider in determining spousal support

Duration of California Spousal Support

The duration of spousal support in California is often tied to the length of the marriage. After a marriage of less than 10 years, a court will not usually order support for longer than half the length of the marriage. In a long term marriage, spousal support cannot be waived, both parties retain the right of spousal support until they die or remarry.

Calculation of Spousal Support

Unlike child support where there is a fixed guideline that the court must follow, the spousal support guideline is discretionary. A judge will normally take into consideration the amount of child support being paid, the various obligations of the parties and who is paying them, other factors such as health or disabilities. Of course the judge will also consider the length of marriage and then determine the appropriate amount to maintain the status quo of the marriage.

However the goal is for the spouse to become self-supporting to the greatest extent possible. The court will therefore consider the extent to which each spouse’s earning capacity is sufficient to maintain the marital standard of living, taking into account:

the marketable skills of the supported spouse,
the job market for those skills,
any time or expense the supported spouse requires to acquire education or training for employment or enhanced employability, and
the extent to which periods of unemployment due to domestic duties during the marriage have impaired the supported spouse’s present or future earning capacity.

The court may also consider other relevant factors including:

the extent to which the supported spouse contributed to the other spouse’s attainment of education, training, professional licensing or career advancement,
the ability of the supporting spouse to pay support, taking into account earning capacity, earned and unearned income, assets, and standard of living,
the needs of each party based on the marital standard of living,
each spouse’s obligations and assets, including separate property,
the duration of the marriage,
the ability of a spouse who is also a custodial parent to engage in gainful employment without unduly interfering with the interests of dependent children,
each spouse’s age and health,
any documented history of domestic violence by either spouse,
the immediate and specific tax consequences to each spouse,
the balance of the hardships to each spouse, and
the goal that the supported spouse will be self-supporting within a reasonable period of time—presumed to be one-half the length of a marriage unless the marriage was longer than 10 years.

A spouse’s conduct or who is to blame for the divorce is not a factor in determining the amount of spousal support.

Modification or Termination

Typically spousal support can be modified any time there is a significant change in circumstances with the parties. The court will set the duration of spousal support in most cases but, spousal support can be terminated or suspended if the proper showing of a change in circumstance is made. One example is if husband was ordered to pay spousal support to wife but a couple of years later, wife had won 10 million dollars in the lottery. Wife would no longer need the support and support would likely be terminated or suspended.

Tax Effects

The spouse receiving spousal support will usually have to pay income tax on the amount paid. The court will consider the tax consequences of both parties when ordering spousal support. In some situations, the parties may agree to spousal support that creates a tax benefit for both parties. Providing the agreement conforms to California State law, the court will typically not interfere in such agreements.