AM I ENTITLED TO ALIMONY?

I often receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: As a stay at home mom in California am I entitled to receive alimony? After 10 years of marriage, we are divorcing. What should I get?

ANSWER:

Given that your husband has been, and apparently remains the sole wage earner in your family, you would be entitled to Temporary and Permanent Spousal Support orders.

You are entitled to Temporary Spousal Support (Alimony) pending Judgment in the case in accordance with your county's Spousal Support Guideline calculations (based on your husband's income and your income or lack of income), but the order for Temporary Spousal Support cannot be retroactive to a date prior to the date of filing of your Order to Show Cause [OSC] for Temporary Spousal Support. As a result, you should promptly file an OSC for Temporary Spousal Support.

You are entitled to Temporary and Permanent Child Support in accordance with your county's Child Support Guideline calculations (based on your husband's income, your income or lack of income, and the custodial timeshare of your child/children), and you will likely be able to obtain an order for Temporary Child Support retroactive to the date of filing of the Petition in your Divorce Case.

Due to the length of your marriage, you may well be entitled to Permanent Spousal Support until your death or remarriage, based on the factors set forth in Family Code Section 4320.

You should consult and retain an experienced Family Law Attorney to represent you in your divorce case.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |