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In California, alimony is referred to by the courts as spousal support. Once spousal support has been ordered by the court, it is open to collections until it has been paid in full. There is no statute of limitations regarding collecting spousal support.
If you both have Child, you need to know about Child Support as well. Because after getting a divorce, you have to pay Child Support and Spousal Support at the same time according to court order.
Arrears may be paid off all at once in a lump sum, or over time in a payment plan, depending upon the details of your case. Any debt reduction agreement must take into consideration the needs of the children named in the child support order and the parent's ability to pay.
Under California law, the following strategies may be available to address back child support and arrears: Motion to Re-Determine Back Child Support.Compromise of Arrears Program.Suspension of Interest Under Chapter 13 Bankruptcy.Petition for 'Equitable Forgiveness'Motion to Set Aside Invalid Court Judgment.
Usually, the payments are taken directly from your spouse's pay by their employer and sent to you (called an earnings assignment or income withholding). Some people call this a wage garnishment....If you want the order put on hold Sign an agreement.Your spouse fills out a court form.Make copies and file the form.
California's laws generally allow an alimony order to be retroactive to the date the spouse filed his or her request for order. Some spouses may argue the initial order should be retroactive to the filing date of the petition for divorce or legal separation.
Typically, to terminate or modify your child support arrangement, you will need to complete paperwork and submit it to the court for approval. You will have file a request for a hearing (Form-FL 300) and ask the court to end child support payments. After you file, the clerk will assign a court date.
Make an application for an enforcement measure that the court considers appropriate. Available specific enforcement measures.An attachment of earnings order.A warrant of control.A third-party debt order.A charging order.A judgment summons.Applying for the court to decide on the method of enforcement.
Child support payments do not end automatically. The person who is obligated to make child support payments must request for their child support obligation to end once the child reaches the age of majority or a minor child becomes emancipated.
Consequences of Not Paying Court-Ordered Spousal Support There are serious consequences when court-ordered spousal support is not paid. The judge in your case can compel your ex to pay through wage garnishment, put a levy against his or her bank account, or intercept his or her tax refund.