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first step to receive spousal support

first step to receive spousal support
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Answered in 1 minute by:
10/7/2013
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,932
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me:

1) Have you filed for divorce yet?
2) Do you plan to?
3) Or are you separated?
4) If separated, then formally or informally?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
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Customer reply replied 4 years ago

not filed for divorce
egal separation

Thank you, Ana.

Okay, I understand that legal separation has been filed with the Court.

Do you wish to know HOW to request spousal support, or, how it is decided? Or, both?

Also, what county is this in?
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Customer reply replied 4 years ago

I have not filed for legal separation
is that my firist step to reice spousal support

Thank you for clarifying, Ana.

Yes. Spousal support - often also called "alimony," can only be received once the parties are legally separated OR when there is a divorce filing pending and/or completed.

At that time, the Court will consider alimony. Alimony is subjective and is based on a case by case basis on a number of factors. The court shall consider all of the following circumstances: (a) the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following: (a) earning capacity (b) the extent to which the supported party helped support the other party in gaining an education or maintaining a career. (c) The supporting party’s assets and ability to pay support. (d) the standard of living during the marriage. (e) The assets and separate property, of each party. (f) The length of the marriage. (g) The ability to gain employment without unduly interfering with the interests of dependent children in the custody of the party. (h) The age and health condition of the parties. (i) history of domestic violence between the parties, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence against the supporting party by the supported party. (j) any tax consequences to each party. (k) The balance of the hardships to each party. (l) The goal that the supported party shall be self-supporting within a reasonable period of time. (California Code - Sections: 4320, 4324, 4330)

While every case is different, following trends and case law, a firm has developed an estimate calculator for California alimony which can be found here.

But again, to get this, a legal separation OR a divorce must be filed, first. See here for an explanation of how to do so.

An attorney is recommended. May I recommend the CA Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

If finances are an issue, I can possibly provide you with some pro bono OR low cost leads for representation - let me know if you need this by REPLYING.

Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,932
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,932
102,932 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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