Get private, personalized proposals from top-rated lawyers ready to help you.
Asked about 5 years ago - California
Flagi filed for divorce representing myself i'm aware i'll need a lawyer if he will get one ,my question is i was told i will need to pay him spousal support for a while or till he gets a job but what if decide to move out of country and still come here for visitations as it suits him am i still obligated to pay that spousal support knowing he doesn't live in the states and might have an income overseas that will keep him going there but i have no way of finding about that income ,??
Spousal support and the length of time you spend paying often depends on how long you were married. Support is usually based on living in California. Also, the law will consider actual factors such as if he is living w/ someone who is working and earning a living. If the other country has a cost of living much lower than California, I would file for modification of support after he moves because of the change in circumstances and be prepared to present evidence of the cost of living in the other country. Also, if he should be earning more than he is, you can ask the court to consider the determination of a vocational evaluator. Get an attorney.
Spousal Support is not automatically granted. It can be contested, especially if the case is worked correctly. Who told you that you would have to pay spousal support?
With respect to his income overseas, there are private investigators that can investigate his income if you are willing to pay the price to have an investigation done.
To be frank, you did not provide enough information to give a detailed answer.
In California, spousal support is awarded based on findings of factors enumerated under Family Code section 4320. Some of the factors are earning capacity, length of marriage, needs of party as established by standard of living, age and health of parties, and hardships on the parties. If he is young and capable of working, you may ask the Judge to order disclosures of his income on a bi-annual basis. Failure to disclose could be basis for termination of spousal support.
In Los Angeles county, spousal support on a short-term marriage (defined as a marriage under 10 years) will last approximately 1/2 the length of the marriage. If it's long-term, it's more tricky. I would consult an attorney immediately.
In California, spousal support is awarded based on findings of factors enumerated under Family Code section 4320. Some of the factors are earning capacity, length of marriage, needs of party as established by standard of living, age and health of parties, and hardships on the parties. If he is young and capable of working, you may ask the Judge to order disclosures of his income on a bi-annual basis. Failure to disclose could be basis for termination of spousal support.
In Los Angeles county, spousal support on a short-term marriage (defined as a marriage under 10 years) will last approximately 1/2 the length of the marriage. If it's long-term, it's more tricky. I would consult an attorney immediately.
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary
