The Complexities of Spousal Support

Family Law LawyerWhen there is an economic disparity between a married couples, the court can order a spouse to pay alimony, which is also know as spousal support in California. Typically, there are two types of support that the court orders during a divorce proceeding, spousal support and child support. These two types of support differ in a few important respects.

First, these distinct support orders arise from different social obligations to different people. Child support arises from our obligation to support one’s own children. Thus, although in most cases child support is payable to the custodial parent, the support is owed to the child and meant to support the child’s needs until they reach a certain age which can vary depending on the state and the circumstance of the child. Thus, the duration of the support is based on the circumstances of the child. In contrast to child support, spousal support arises from our obligation to support one’s spousal. Thus, the support is both owed and payable to the spouse who is awarded it by the court. Also, the amount and duration a person receives spousal support depends on the circumstances of the couple during and after the marriage.

The second important difference between these types of support is establishing the need for said support. For child support, a child’s need to receive support is assumed and both parents are obligated to support their child, whether by payment to the custodial parent or by providing the child’s daily needs. Establishing the need for spousal support is less clear cut and simple.

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Although it is certainly advisable to seek the help of family law lawyer in a child support proceeding, it is especially important to seek the advice of spousal support Lawyer San Diego during a divorce because of the complexity of the rules governing spousal support and the financial exposure of a divorcee. First, there is not guarantee that a person will receive spousal support and it can be waived which could have long term negative effects on a person. Second, there are different types of spousal support, which vary depending on the stage of the divorce a person is currently in. Third, the court has a great deal of discretion while determining the duration and amount of spousal support when it awards it.

Since rules and application of those rules are both complex and situational, anyone who hopes to be successful in a divorce proceeding in the San Diego should seek out the help of Spousal Support Lawyer San Diego. If you rather not risk your financial well being and would like to consult with a local Spousal Support Lawyer, then feel free to call 619-250-2683 to schedule a free initial consultation with Lawyer Brian Burkett or visit our website at www.childcustodyanddivorce.com