How is temporary spousal support calculated in California? Deciding to end a marriage is difficult for all parties involved, and can cause significant changes in almost every aspect of a person’s life. Often, a divorcing couple needs to deal with issues regarding the division of their assets and debts, living arrangements for any children they have together, child support payments, and arrangements over spousal support.
This last issue, spousal support, can significantly impact the financial well-being of both the paying party and the receiving party. In some cases, a person will require financial support during a divorce or other legal proceeding. When this occurs, a court may choose to award temporary spousal support prior to the final disposition of the case. The most effective way to secure temporary spousal support during a pending family law court case is to retain legal counsel as early as possible. The early assistance of an attorney can help expedite any temporary spousal support order and ensure your financial needs are met.
Temporary Spousal Support
Spousal support is an ancillary matter that arises in the context of a court proceeding regarding divorce, separation, annulment, or a restraining order based on domestic violence. While a case in ongoing, either party can request the court to order temporary spousal support, and courts use a predetermined formula to calculate a fair amount. This formula is set by the local rules of the jurisdiction in which the court sits. Courts in Sonoma County may use the “Alameda Rule,” which provides:
- In the case that there is no order of child support, the spousal support will be 40 percent of the net income of the party paying support minus half of the net income of the percent of the payee;
- If there is an order of child support, the spousal support will be 35 percent of the net income of the party paying, after deducting the amount of child support, minus 40 percent of the net income of the party receiving spousal support payments;
- If these calculations result in a negative number, the amount of temporary spousal support will be set at zero.
Temporary spousal support can help a person meet their financial obligations during pending litigation, and can mean the difference between staying with friends or family and being able to establish an independent residence. In addition, if a spouse does not receive independent income, spousal support can help ensure they stay current on financial obligations and not damage their credit rating.
Contact a Santa Rosa Family Law Lawyer Today to Schedule a Consultation
If you are involved in family law litigation, you should retain an attorney who can make sure your legal rights are protected and your case is presented in the most effective way possible. To schedule a consultation with one of our attorneys, call Beck Law P.C. today at (707) 576-7175.