A client recently came to Wallin & Klarich wanting to terminate his obligation to pay spousal support to his ex-wife. He had been paying temporary spousal support for four years, and it was becoming a financial hardship for him to continue paying. He wanted our experienced family law attorneys to help him in terminating spousal support in Riverside County.
His marriage to his ex-wife was a seven-year marriage and the court had not yet made a determination as to whether the marriage was a long-term or short-term marriage. Our client turned to us to help him terminate his spousal support payments to his ex-wife.
Long-Term vs. Short-Term Marriage – California Family Code Section 4336
In California, Family Law Courts must determine whether a marriage is a “long-term” or a “short-term” marriage. A determination of whether a marriage is a short-term or long-term marriage is important as it impacts how long the supporting spouse will have to pay spousal support. In a short-term marriage, courts usually limit spousal support payments to half of the duration of the marriage.
Generally speaking, there is a presumption that any marriage that lasts is at least 10 years is considered a long-term marriage. This does not mean that a marriage of less than 10 years is automatically a short-term marriage. The parties must present evidence as to why they believe the marriage should be considered a short-term or a long-term marriage.
Our client’s marriage was a seven-year marriage and our client had been paying court ordered spousal support for four years. We were successful in convincing the court that our client’s marriage was a short-term marriage.
Terminating Spousal Support in Riverside County
We filed a request to declare the marriage a short-term marriage. We presented evidence to the court that the date of separation made the marriage a seven-year marriage and proof that our client had made every one of his court ordered spousal support payments for four years. Upon reviewing the evidence, the court declared that the marriage was a short-term marriage and terminated spousal support. Our client was very happy that we were able to obtain a favorable result for him. This decision by the court saved our clients tens of thousands of dollars.
Call the Family Law Attorneys at Wallin & Klarich Today
Whether you are seeking to obtain spousal support or seeking to modify or terminate spousal support, it is very important that you seek out the expertise of an experienced Riverside family law attorney. Our family law attorneys have over 30 years of experience in handling spousal support cases and possess the knowledge of the law and attention to detail necessary to help you obtain the most favorable result possible in your case.
With offices located in Orange County, Los Angeles, Riverside, San Bernardino, San Diego, Sherman Oaks, Torrance, West Covina, Victorville, and Ventura, we are always available, wherever you happen to live.
Call us today at (888) 749-7428. We will be there when you call.
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