What to Do If Your Ex-Spouse Is Not Paying Spousal Support in California

After you finalize a divorce, you want to believe that it’s the end of overcoming challenges with your ex-spouse. Unfortunately, this isn’t always the case, especially if children are involved. If your ex-spouse is not following the terms of your divorce, contact a California family law attorney. A trusted family lawyer can help you figure out how to proceed with certain situations, such as what to do if your ex-spouse is not paying spousal support in California.

About Spousal Support in California

California is known for having one of the lowest divorce rates in the country. That said, divorces still happen, and cases must be settled. With just over 39 million people living in California, divorce cases in the state can vary from one to the next.

Spousal support is a court-ordered payment that one spouse must pay to the other to help cover several expenses during or after a divorce. This order is called domestic partner support when filed between domestic partners going through a legal separation. Both spousal support and domestic partner support can also be referred to as alimony.

The divorce rate in California has been approximately 5.88 per 1,000 people in recent years. When determining spousal support in a divorce case, both parties must disclose their financial situations to one another.

There are two types of spousal support recognized in California:

• Temporary spousal support. This type of alimony provides support to one spouse during the divorce, legal separation, or annulment. It’s typically ordered to keep the spouses’ financial situation as unchanged as possible while going through the legal process. Temporary alimony can be filed at any point during a case.
• Long-term spousal support. This type of alimony is ordered at the end of a divorce case and is permanent. There are many more factors that must be taken into consideration when it comes to determining permanent spousal support versus temporary support. Permanent alimony can only be ordered as a part of a judgment or settlement at the end of a case.

4 Ways to Enforce a Spousal Support Order in California if Your Ex-Spouse Is Refusing to Pay

Your ex-spouse not paying the spousal support you are owed can have an immediate impact on your life. Fortunately, there are steps you can take to enforce the alimony order and ensure they pay you the money you’re owed. There are four main ways you can enforce spousal support in California:

• Contempt of court. Your ex-spouse may be held in contempt for court if they fail to uphold a court-ordered requirement. You can file a motion of contempt and present evidence to demonstrate how your ex-spouse is violating the terms of the divorce. If the judge agrees with you, they can enforce the order once more and include additional fines or penalties.
• Income withholding. Instead of relying on your ex-spouse to make the spousal support payment, their employer can take the amount from each of their paychecks to give directly to you.
• Motion to enforce spousal support. If your spouse isn’t paying their court-ordered payments, you can file a motion with the court to order them to pay the amount that is past due and ensure they comply with all future payments.
• Writ of execution. A Writ of Execution is a court order that allows your ex-spouse’s personal property to be seized and sold to pay for any late spousal support payments. You can also collect money from their bank accounts through this order.

Determining How Long Spousal Support Lasts in California

It’s important to note that permanent spousal support isn’t exactly permanent. It’s also called long-term spousal care because it typically lasts for many years, but it doesn’t necessarily have to last forever.

The length of time for a spousal support order can depend on the specifics of your situation. It can be beneficial to talk with a California family law attorney to better understand the nuances of your divorce.

FAQs

Q: When Is Spousal Support Granted in a Divorce in California?

A: Spousal support can be granted to a spouse during the divorce process or once the divorce is finalized. Many divorces and legal separations don’t include any form of spousal support, but it can be a more common divorce term when the marriage lasts a long time or if one partner makes significantly more money than the other.

Q: How Much Do Family Lawyers Charge for Spousal Support Cases in California?

A: The cost of working with a California family lawyer can vary depending on the complexity of your situation and the time it takes to reach a resolution. Family law attorneys can utilize a few different pay structures. Some may charge a flat fee for specific services, while others charge an hourly rate or a retainer. It is recommended to speak with your attorney during an initial consultation about your specific circumstances and how they may impact your costs.

Q: How Is Spousal Support Calculated in California?

A: Temporary spousal support is typically calculated by using a formula. Judges can determine monthly support by subtracting 50 percent of the lower earner’s income from 40 percent of the higher earner’s income. Judges cannot rely on a formula to determine payment amounts for permanent spousal support. Instead, they consider several factors regarding both spouses’ situations. This includes age and health, debts and assets, duration of the marriage, earning capacity, standard of living during the marriage, tax implications, and more.

Q: Do I Need to Work With a California Family Lawyer to Collect Overdue Spousal Support?

A: You are not required to work with a California family lawyer on a spousal support case, but it is highly recommended. An attorney can conduct investigations and gather evidence that supports your claims so you can present a cohesive argument to the court. They can offer solid legal advice and guidance along the way. Any legal matter can be complicated, and an attorney can use their knowledge and experience to provide the support you need.

California Divorce Attorney

fNavigating a spousal support issue can be both emotionally and legally challenging, especially if you’re trying to handle things on your own. Our dedicated team of family law attorneys at Bickford Blado & Botros is ready to help you resolve any issue. Call us to set up an appointment with our team today.

Feel Free to Contact Our Office with Any Questions

858-793-8884