El Cajon Spousal Support Lawyer

El Cajon Spousal Support Attorney

Spousal support isn’t ordered following all divorces, but it is an important consideration for anyone going through a divorce. Whether you are seeking spousal support or preparing to defend against it, having the services of an El Cajon spousal support lawyer can help you navigate the court process with confidence. With the help of an El Cajon family lawyer, you can gather evidence ahead of time and prepare your legal arguments so the courts understand your stance.

Why Choose Erica Bloom Law?

Whether you are seeking spousal support or fighting it, having strong legal representation can ensure that the courts consider your interests. The family law team at Erica Bloom Law can help you understand your spousal support options and the possible outcomes of pursuing or fighting spousal support payments.

For decades, we have represented clients in El Cajon. We take a strategic and client-focused approach to our cases and always maintain open and honest communications with our clients. If you are seeking a modification of an existing support order, we can help you navigate that process with confidence as well.

Understanding Spousal Support in El Cajon

State guidelines for spousal support are based on California Family Code § 4320, which lists the factors that can determine whether or not someone qualifies for court-ordered support payments. Spousal support is not ordered for all divorce cases, but a judge can consider whether spousal support is appropriate based on factors like the divorcing couple’s individual income, the length of the marriage, and the financial needs of both parties.

Spousal support can be ordered on a short- or long-term basis. In some cases, support payments may be ordered for one spouse just for the duration of the divorce. In other cases, a judge may decide that long-term support is appropriate.

The courts consider the length of the marriage. A marriage that lasted over 10 years is often given special consideration for long-term support. In California Family Code § 4336, a marriage lasting 10 years or more is presumed to be of “long duration.” In such cases, the court retains jurisdiction over spousal support indefinitely, but modifications can be sought at any time.

Can Spousal Support Be Modified?

As with other types of court orders, an order for spousal support can be modified if certain criteria are met. One condition for seeking modification of spousal support is if one or both parties experience a significant change in income. A judge has the discretion to increase spousal support, reduce spousal support, or terminate the court order altogether.

Another consideration the courts can use when determining whether to modify a court order is whether one or both parties have remarried or are cohabitating with a new partner. Marriage and cohabitation are often viewed as a sign that that party has gained greater financial security.

The obligor may request a reduction in court-ordered payments if they lose their job, become seriously ill, or become disabled. These modifications do not happen automatically, and one or both parties must actively petition the court by hiring a family law attorney who can file the appropriate motions.

Why Legal Representation Is Critical

Having legal representation throughout the spousal support modification process can ensure that the courts fairly address the issues at hand and understand your financial situation. Securing the services of an attorney can prevent you from being ordered to pay more than you should or being unfairly denied the support you need. The spousal support modification process requires careful preparation and evidence that your case qualifies for modification under state law.

El Cajon Spousal Support FAQs

Q: Can You Get Support Payments Without a Lawyer?

A: Yes, you can request support payments without a lawyer by filing the necessary court forms and presenting your case. However, an attorney can help ensure proper documentation, argue for a fair amount, and protect your rights. Without legal representation, you may struggle to navigate California’s spousal support laws and court procedures effectively.

Q: How Much Do You Pay for a Divorce Lawyer in California?

A: The cost of a divorce lawyer in California depends on experience, case complexity, and whether the divorce is contested. Fees are typically charged hourly or at a flat rate. Costs vary significantly, so it’s important to consult multiple attorneys. In some cases, legal fees may be negotiated or paid through a payment plan.

Q: What Type of Lawyer Is Ideal for Divorce?

A: A family law attorney is ideal for handling divorce cases, with a concentration on property division, child custody, spousal support, and legal negotiations. If the divorce involves significant assets or business interests, a lawyer with experience in high-net-worth divorces may be beneficial. Strong negotiation skills and courtroom experience are key qualities to consider.

Q: How Much Does a Divorce Lawyer Cost in El Cajon?

A: Divorce lawyer fees in El Cajon depend on the attorney’s experience, the complexity of the case, and whether the divorce is contested. Costs are often charged hourly or as a flat fee. Some attorneys offer payment plans or limited-scope services to help manage expenses. Consult attorneys for specific pricing.

Q: Can I Ask for Spousal Support During a Divorce?

A: Yes, you can ask for spousal support during a divorce. When one spouse does not have the ability to support themselves during a divorce, usually because they were a stay-at-home parent or non-working spouse, the courts may consider whether temporary spousal support is appropriate. Having an attorney represent you through that process can help you make a clear and compelling case for temporary support.

Schedule Your Spousal Support Consultation Today

California’s spousal support laws and guidelines can be complex and challenging to accurately interpret. If you are seeking spousal support or defending against it, Erica Bloom Law is here to help. We have represented clients in San Diego for years by providing strategic legal counsel and honest assessments of cases.

We can gather the evidence needed to make clear and compelling legal arguments based on your goals and the facts of the case. To start the process, contact our office today to schedule your spousal support consultation.