The duty to support a minor child continues until the child completes the twelfth (12th) grade or attains the age of 19 years, whichever comes first. The parents can agree amongst themselves to extend child support for a longer period of time.
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Does spousal support automatically terminate if I lose my job?
No! This is a common misconception among support payors. If you lose your job or have a decrease in income, you should consider filing a motion to modify the support order immediately. The Court only has the ability to make the modified support retroactive to the date you filed your motion. Thus, if you have… Read More
Does spousal support terminate if my spouse is living with a new significant other?
Spousal support will not automatically terminate unless your court order specifically states that it will terminate upon the supported spouse cohabiting with a significant other. If your order does not include that specific language, you may still be able to terminate spousal support. It is important to keep in mind that terminating spousal support under… Read More
My spouse earns more money now. Can I get more spousal support?
An increase in spousal support will depend on several different factors. For example, the Court will consider whether you contributed to your spouse’s success at work. The Court will also assess your monthly needs and your income. Contact Boros Law Firm today to discuss the facts specific to your case.
How long will spousal support be ordered for?
The two main factors for child support are income and timeshare. For income, the Court will look at the current gross monthly income of both parents. For timeshare, the Court will look at how much time each parent spends with the child. Other factors, such as deductions from pay (i.e. health insurance premiums, union dues,… Read More
What factors does the court consider for spousal support?
The main factor for spousal support is whether there is a disparity between the incomes of both spouses. If so, the lower income spouse may be eligible for spousal support. Similar to child support, the Court looks at the gross monthly income of both spouses as well as deductions from both parties’ pay (i.e. health… Read More
What if I want a legal separation and my spouse wants a divorce?
Either party is allowed to obtain a divorce, regardless if the other spouse agrees. Thus, if you file for legal separation and your spouse wants a divorce, you cannot contest the divorce. The Court will proceed with the divorce request.
Can I get a divorce after filing for legal separation?
Yes, during the legal separation proceeding, you can amend your Petition and request a dissolution of marriage.
How does legal separation differ from divorce?
A legal separation does not terminate your marital status. A legal separation also does not require that the parties meet the residency requirement as outlined in a divorce action. Typically, spouses file for legal separation for religious reasons or to protect their health insurance benefits.
How do I qualify for a summary dissolution?
A Summary Dissolution is a shorter and easier way to get divorced in California. However, only some couples qualify. A Summary Dissolution may be an option if: You have no children together; You have been married for 5 years or less; Neither of you own very much (your community property is not worth more than… Read More
