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Seeking Alimony In California
Summary
In California, spousal support is influenced by marriage duration, financial needs, and living arrangements. A 12-year marriage is considered long-term, potentially favoring alimony. Incarceration and non-cohabitation may affect support decisions. Child support typically ends at 18, but unpaid support can be pursued with a formal order. Verbal agreements are unenforceable; a court order is needed. Prepare financial documents and attend hearings to present your case effectively.Full Conversation
Yes but he just turned *
In California, alimony or spousal support is determined based on various factors, including the duration of the marriage and the financial needs and abilities of both parties. Since your child has turned *, child support considerations may change, but spousal support is separate.
A few steps you can consider:
- File a Request: Submit a request for spousal support to the court.
- Financial Documentation: Provide necessary financial documentation to support your claim.
- Court Hearings: Be prepared to attend court hearings.
Do you have any specific concerns or questions about the process?
A few steps you can consider:
- File a Request: Submit a request for spousal support to the court.
- Financial Documentation: Provide necessary financial documentation to support your claim.
- Court Hearings: Be prepared to attend court hearings.
Do you have any specific concerns or questions about the process?
We’ve been married over 12 years
In California, a marriage of over 10 years is often considered "long-term," which can affect spousal support duration. The court may consider factors like the standard of living during the marriage and each party's financial situation. Would you like guidance on preparing financial documentation or understanding court hearings?
Yes
Case Rating: *
In your situation, it's important to gather detailed financial documentation, including income, expenses, assets, and debts. This will help the court assess your spousal support request effectively. If you need further guidance on preparing these documents or understanding court hearings, let me know!
In your situation, it's important to gather detailed financial documentation, including income, expenses, assets, and debts. This will help the court assess your spousal support request effectively. If you need further guidance on preparing these documents or understanding court hearings, let me know!
What’s the first step
Case Rating: *
The first step to seek alimony in your divorce settlement in California is to file a request for spousal support with the court. Make sure to gather and prepare your financial documentation, including income, expenses, assets, and debts, to support your claim effectively.
The first step to seek alimony in your divorce settlement in California is to file a request for spousal support with the court. Make sure to gather and prepare your financial documentation, including income, expenses, assets, and debts, to support your claim effectively.
What if we’ve Ben married 12 years but haven’t lived together for the last 5 years. Not legally separated. And he was in jail for * of those years
Case Rating: *
In California, the length of the marriage and living arrangements can impact spousal support. Being married for 12 years, even without living together recently, can still be considered a long-term marriage. Factors like his incarceration might also influence the court's decision. Consider discussing these unique circumstances when filing for spousal support.
Do you have any questions about how his incarceration might affect your case?
In California, the length of the marriage and living arrangements can impact spousal support. Being married for 12 years, even without living together recently, can still be considered a long-term marriage. Factors like his incarceration might also influence the court's decision. Consider discussing these unique circumstances when filing for spousal support.
Do you have any questions about how his incarceration might affect your case?
Yes. He was incarcerated for 2 years from June * to January *
Case Rating: *
Incarceration can affect spousal support decisions, possibly reducing his ability to pay during that time. Courts may consider this when determining support amounts and duration. It's crucial to present these details in your case. Would you like more information on how to address this in your spousal support request?
Incarceration can affect spousal support decisions, possibly reducing his ability to pay during that time. Courts may consider this when determining support amounts and duration. It's crucial to present these details in your case. Would you like more information on how to address this in your spousal support request?
Will it be a negative for me or a positive for me
Case Rating: *
In your situation:
- Being married for over 12 years is positive for long-term spousal support consideration.
- Recent lack of cohabitation and his incarceration might complicate the case but could be seen as positive if it affects his earning capacity negatively.
- Presenting these circumstances may help the court understand your needs better.
In your situation:
- Being married for over 12 years is positive for long-term spousal support consideration.
- Recent lack of cohabitation and his incarceration might complicate the case but could be seen as positive if it affects his earning capacity negatively.
- Presenting these circumstances may help the court understand your needs better.
Also he hasn’t b paid child support for the last year and he also just had a new baby with a recovering heroin attic
Case Rating: *
In California, if child support hasn't been paid, you can file a motion for contempt or seek a wage garnishment order. His new family obligations aren't typically considered in your child support or spousal support needs.
Would you like more information on filing a motion for contempt?
In California, if child support hasn't been paid, you can file a motion for contempt or seek a wage garnishment order. His new family obligations aren't typically considered in your child support or spousal support needs.
Would you like more information on filing a motion for contempt?
Even if the child is now 18 years old
Case Rating: *
In California, once a child turns *, child support obligations typically end unless the child is still in high school or there are special needs. However, unpaid child support prior to turning * can still be pursued. Would you like more information on the process?
In California, once a child turns *, child support obligations typically end unless the child is still in high school or there are special needs. However, unpaid child support prior to turning * can still be pursued. Would you like more information on the process?
What if there was no court order it was only verbal
Case Rating: *
In California, verbal agreements for child support are generally not enforceable. You would need a formal court order to pursue unpaid child support. Here are some steps:
- File a motion to establish child support.
- Provide evidence of any informal agreements.
- Request retroactive support for unpaid amounts.
Do you have any questions about establishing a formal order?
In California, verbal agreements for child support are generally not enforceable. You would need a formal court order to pursue unpaid child support. Here are some steps:
- File a motion to establish child support.
- Provide evidence of any informal agreements.
- Request retroactive support for unpaid amounts.
Do you have any questions about establishing a formal order?
The child just graduated from high school last week
Case Rating: *
Since your child has recently graduated, child support obligations typically end unless there are special circumstances. You may still pursue retroactive child support, but you'll need a formal order. Would you like guidance on filing a motion to establish a formal child support order?
Since your child has recently graduated, child support obligations typically end unless there are special circumstances. You may still pursue retroactive child support, but you'll need a formal order. Would you like guidance on filing a motion to establish a formal child support order?
Sure and also help preparing financial documentation and what involved in court hearings
Case Rating: *
To prepare for court hearings and financial documentation in California:
- Financial Documentation: Gather details on income, expenses, assets, and debts. Organize pay stubs, tax returns, bank statements, and any relevant financial records.
- Court Hearings: Attend with all necessary documents. Be ready to present your financial situation and discuss any unique circumstances, like non-cohabitation or his incarceration.
Would you like more detailed guidance on any specific aspect of preparing for court hearings?
To prepare for court hearings and financial documentation in California:
- Financial Documentation: Gather details on income, expenses, assets, and debts. Organize pay stubs, tax returns, bank statements, and any relevant financial records.
- Court Hearings: Attend with all necessary documents. Be ready to present your financial situation and discuss any unique circumstances, like non-cohabitation or his incarceration.
Would you like more detailed guidance on any specific aspect of preparing for court hearings?
Sure
Case Rating: *
To prepare for court hearings:
- Financial Documentation: Organize income, expenses, assets, and debts. Include pay stubs, tax returns, bank statements.
- Court Hearings: Present all documents, discuss unique circumstances like non-cohabitation or incarceration.
Would you like guidance on a specific part of preparing for court hearings?
To prepare for court hearings:
- Financial Documentation: Organize income, expenses, assets, and debts. Include pay stubs, tax returns, bank statements.
- Court Hearings: Present all documents, discuss unique circumstances like non-cohabitation or incarceration.
Would you like guidance on a specific part of preparing for court hearings?
Yes
Case Rating: *
It seems like you're dealing with a complex situation involving long-term marriage, spousal support, and potential child support issues. Preparing for court hearings is crucial.
For court hearings in California:
- Present organized financial documents.
- Highlight unique circumstances like non-cohabitation and incarceration.
- Clearly communicate your support needs.
Would you like detailed guidance on preparing your financial documentation or strategies for court hearings?
It seems like you're dealing with a complex situation involving long-term marriage, spousal support, and potential child support issues. Preparing for court hearings is crucial.
For court hearings in California:
- Present organized financial documents.
- Highlight unique circumstances like non-cohabitation and incarceration.
- Clearly communicate your support needs.
Would you like detailed guidance on preparing your financial documentation or strategies for court hearings?
Yes
Case Rating: *
It sounds like you have a potentially strong case due to the long-term marriage and unique circumstances. Would you like to be connected to local lawyers who can better assist you with your case? If so, could you provide a bit more information about your issue?
It sounds like you have a potentially strong case due to the long-term marriage and unique circumstances. Would you like to be connected to local lawyers who can better assist you with your case? If so, could you provide a bit more information about your issue?
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