QUESTION
How is a dollar amount for spousal support determined?
Asked on Sep 04th, 2015 on Divorce - California
More details to this question:
I've been paying spousal support for the past 7 years and my ex spouse is not seeking full time employment. I'm suffering financially.
1 ANSWER
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The spousal support payment amount is, for the most part, up to the discretion of the judge, however, there are some guidelines. If you are suffering financially and there is a change of circumstance, you could go back to court and modify the support amount IF the order is modifiable. If it was in an MSA, you will have to check the language. Court orders, on the other hand, are generally modifiable. You can also get a court order that she seek employment which is called a job contact order, and a Gavron warning which puts her on notice that she is expected to get a job and work toward becoming self-supporting. If you already have a Gavron warning and she hasn't sought employment you can ask the court for an imputation of income.
Answered on Sep 08th, 2015 at 8:52 PM