Santa Clara California Agreement to Continue Payment of Monthly Spousal Support

State:
Multi-State
County:
Santa Clara
Control #:
US-01446BG
Format:
Word; 
Rich Text
Instant download

Description

In this agreement, a former husband agrees to continue paying spousal support for another year due to a change in his former wife's financial circumstances.

The Santa Clara California Agreement to Continue Payment of Monthly Spousal Support is a legal document that outlines the terms and conditions for ongoing financial support provided by one former spouse to the other after divorce or separation. This agreement ensures that the recipient spouse receives the necessary financial support to maintain their standard of living. In Santa Clara, California, there are several types of agreements related to monthly spousal support: 1. Temporary Spousal Support Agreement: This agreement is typically established during the divorce process and provides temporary financial assistance to the lower-earning spouse until a final settlement is reached. 2. Permanent Spousal Support Agreement: This type of agreement is made when the divorce is finalized. It determines the ongoing financial support that one spouse will provide to the other for an indefinite or specified duration. 3. Rehabilitation Spousal Support Agreement: This agreement is designed to support the recipient spouse in acquiring skills or education necessary to become self-supporting. It is usually set for a limited time frame and may include provisions for financial assistance with educational expenses. 4. Partial Spousal Support Agreement: In some cases, a spouse may agree to provide partial support instead of the full amount requested. This agreement specifies the reduced payment amount and the duration of the arrangement. 5. Lump Sum Spousal Support Agreement: This type of agreement involves a one-time payment made by the supporting spouse to the recipient spouse, effectively terminating any further financial obligations. The Santa Clara California Agreement to Continue Payment of Monthly Spousal Support includes essential details such as the names and contact information of both parties, the effective date of the agreement, the amount and mode of payment, and the frequency of payments. It may also cover provisions related to modification or termination of support, as well as guidelines for handling any disputes that may arise. If one or both spouses fail to comply with the terms of the agreement, legal actions can be taken to enforce it. It is important to consult with a qualified family law attorney in Santa Clara, California, to ensure that the agreement aligns with the relevant state laws and adequately protects the rights and interests of both parties involved.

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FAQ

Spousal maintenance will usually be paid until the spouse can either support themselves or their financial needs are reduced, for example when the children finish school or university, or they leave home.

Prove your spouse is cohabiting with someone else: If you can prove that your spouse is living with someone else, you may be able to get out of paying spousal support altogether. Likewise, if you can show that your spouse can earn a reasonable living, you may be able to have your alimony payments reduced or eliminated.

In California, spousal support may be paid for up to half the length of a marriage that lasts 10 years or less. Unions that lasted longer than 10 years are considered 'long term,' and no specific duration will apply.

A general rule is that spousal support will last for half the length of a less than 10 years long marriage. However, in longer marriages, the court will not set alimony duration. The burden will be on the party who pays to prove that spousal support is not necessary at some future point in time.

WHAT IS SPOUSAL MAINTENANCE? Spousal Maintenance is different from child maintenance in that it is paid by one spouse to the other spouse following a divorce. It is a general principle of law that neither spouse has a right to spousal maintenance upon divorce.

It is important to observe that parties have 12 months from the date of their divorce to obtain spousal maintenance. De facto couples have 24 months from the date of separation. The courts may grant leave to apply out of time for maintenance, but the applicant must establish special grounds, which may not apply.

It can be awarded for a specified term or for life in some cases. It is different and separate to child maintenance. Spousal maintenance ends if the recipient remarries or if either party dies. It may be varied or dismissed by the courts on a change in circumstances.

California courts won't force anyone to continue working beyond retirement age to pay alimony. That said, your obligations won't automatically end when you stop working. If you are eligible to retire, you must petition the court to end your required alimony payments in California or risk a contempt of court charge.

It is possible to avoid spousal maintenance if both partners are agreeable on a clean break order and are able to support themselves financially following their divorce.

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Spousal support, also known as alimony in other jurisdictions, may be an issue in a divorce, legal separation, or termination of domestic partnership. Military allowances for housing and food in a party's gross income for purposes of support).5.11 Distribution of Agreement to New Unit Workers . The first step in the divorce proceeding is filling out several forms. Ask a lawyer to help you. You can look for a lawyer in the phone book or call the Lawyer Referral Service of the Santa Clara County Bar Association . Find out if you qualify for spousal support or alimony. Our attorneys can help you collect support from a spouse or help you with making spousal payments. The agreement involves many components that will help you and your spouse feel clearer on where you both stand after the divorce. Alzheimer noticed changes in the brain tissue of a woman who had died of an unusual mental illness.

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Santa Clara California Agreement to Continue Payment of Monthly Spousal Support