How do I file for spousal support?

Asked about 1 year ago - Hayward, CA

How do I file for spousal support? We have been married for 5 years and 11 months and now separated for almost 2 years and 8 months. We have a child custody order in place already, but I did not ask for spousal support at that time.

Recently my income dropped and I would like to get temporary spousal support, even if it is only for 2 months. Do I have to file Request for order – Spousal Support or there is some other form?

Thank you.

Attorney answers (3)

  1. John Noah Kitta

    Pro

    Contributor Level 19

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    Answered . You have to file a Motion for Temporary spousal Support and the sooner you file the better, because the court will file retroactive back to the date of the motion.

    Since you have been supporting yourself for a period of time it is somewhat more difficult to get spousal but it should not be impossible in regard to temporary spousal support, which is usually systematically given out. Your maximum duration probably would be one half the duration of the marriage. You also have to file and Income and Expense declaration.

    It would really be a lot better if you did retain counsel, things would go far more smoothly.

    If you have found this information helpful, please let the attorney know by marking best answer. Thank you.... more
  2. Stephen Ross Cohen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You have to file an OSC and it may take 30 days to 2 months to get heard. Set forth the drop and why you need it now

    My name is Stephen R. Cohen and have practiced 39+ yrs. I can be reached at 213-819-1171. I practicein Los... more
  3. David Raymond Mahood

    Pro

    Contributor Level 18

    Answered . File the Request For Order and also file your Income And Expense Declaration. Typically, spousal support can last as long as one half the length of the marriage, but here you are asking for temporary spousal support, so it might be possible. You can also ask for an Order Shortening Time to have your motion heard more quickly.

    Office: (410) 381-1656. This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/... more

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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Ongoing maintenance and support comes in a variety of forms. The most common form is alimony, though it may also be a lump sum payment.

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