Like other issues involved in a divorce or legal separation, both parties can stipulate to the terms of spousal support, or the parties can go directly to the court and request temporary and permanent spousal support. Your Orange County spousal support attorney will advise you of your options and what is in your best interest.
If you decide to stipulate to the terms of spousal support, the court will enter the stipulation as a Judgment so long as the terms are not egregious and each party fully understood the terms and voluntarily agreed to them. Some common stipulations regarding spousal support include:
- Each party waives any and all rights to spousal support and this terminates the court’s jurisdiction to order spousal support in the future.
- The parties agree to the amount of spousal support each month and the length of time spousal support will be paid. For example, spousal support shall be $500 per month payable in full on the first of each month until the death of either party or the remarriage of the party receiving support.
- The parties agree to a step-down order. Step-down orders mean that a spouse will receive a spousal support until a specific event occurs. When the specified event occurs, the spousal support amount will be reduced or will be completely terminated. In a recent case, the court denied a wife’s request to modify a step-down order, where it was understood and agreed to by the parties, and reflected in the judgment, that wife was expected to complete her master’s degree and thus be able to support herself by a specific date.
However, if you decide to request spousal support from the court, the court can award temporary and/or permanent spousal support. Temporary spousal support can be awarded from the time of your request to the date a final judgment is entered. The court determines temporary spousal support the same way it determines guideline child support—the court will use the DissoMaster computer program. For permanent spousal support, the court will consider and weigh 14 factors as prescribed by Family Code Section 4320. After considering the 14 circumstances, the court may make an order for spousal support that it sees fit and proper.
Regardless of whether you stipulate to the terms of spousal support or request the court to make an order for spousal support, it is important to have a spousal support attorney who can advise you properly and understands the issue of spousal support. Wallin & Klarich has experienced Orange County spousal support attorneys who can help you. Call toll free at 888-749-7428 to speak with an attorney today.
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