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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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What are the grounds and process for me to receive spousal

Resolved Question:

What are the grounds and process for me to receive spousal support from my wife who currently resides in California and is gainfully employed in a high paying job. The case is based out of Santa Clara County. Currently I am unemployed and have been unemployed for past 1 year. In the past I had been paying spousal support when I was employed. The spousal support was part of court order that the judge had put in place but has not lifted this spousal support regardless of my unemployment.

What can I do to either stop spousal support or reverse the spousal support?
Submitted: 7 years ago.
Category: Family Law
Expert:  Tina replied 7 years ago.
Thank you for contacting our JA team for guidance.

The court does have the ability to "impute" income to you even when you are unemployed if you do not show that you are making every effort to locate employment. So, you would need to provide such evidence to the court, as well as your wife's current income. However, it is very rare, if ever, that a court will switch who is responsible for paying spousal support, but only terminate the order stating that you must pay.

If the court recently rules against you, you can request a rehearing and submit additional evidence of her income and your efforts to locate employment. You may also file a motion to suspend rather than terminate the spousal support if you just need additional time.

Please let me know if you need additional information.

Best regards XXXXX XXXXX



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Customer: replied 7 years ago.
currently spousal support and child support has been suspended due to my being unemployed.

i have employment effort review court date in early november of this year.

what are the grounds to terminate spousal support? just curious, what determines spousal support and why is it given to wife by default rather than husband?
Expert:  Tina replied 7 years ago.
It should not be by default. It is generally based on the length of the marriage, standard of living during the marriage, who the primary financial provider and primary caregiver were during the marriage, as well as other factors indicated in the following link:

A court is not likely to terminate the order of support unless you have had a significant change in your circumstances that is permanent.

Take care and good luck on the job hunt!
Customer: replied 7 years ago.
one last question then. what determines for how long the spousal support going to lasts?
Expert:  Tina replied 7 years ago.
In the above link, the general rule of thumb in CA is 1/2 the length of the marriage. However, the court has broad discretion to consider all relevant factors in determining how long support is to continue.

All the best to you.
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