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Costa Mesa Spousal Support Lawyer

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Quinn & Dworakowski, LLP

Costa Mesa Spousal Support Attorney

No divorce is easy. In Costa Mesa, a busy metro area just outside Los Angeles, getting a divorce can be painful, and challenges can arise. Whether you are a professor at Orange Coast College or live out near Pinkley Park, you understandably want to protect your financial future. At Quinn & Dworakowski, LLP, an experienced Costa Mesa spousal support lawyer is here to come alongside you, review your case, and protect your monetary stability.

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Protect Your Financial Interests: Hire Quinn & Dworakowski, LLP, to Help You

The team of attorneys at Quinn & Dworakowski, LLP, boasts over 100 years of combined experience when it comes to fighting for the rights of California residents involved in divorce cases. We understand that divorce can be messy, no matter how amicable you and your spouse try to remain. Whether you are seeking spousal support or you are the party who may be required to pay support, we are here to defend your right to a stable financial future.

Determining Spousal Support in Costa Mesa

In Costa Mesa, spousal support is a court-ordered monetary payment that comes from one spouse to another in order to help the lower-earning spouse gain financial stability following a divorce. In 2022, California saw a divorce rate of 5.9 per 1,000 residents.

In many of these cases, the spouse who is more financially dependent may seek support. This support can be awarded on a temporary or permanent basis, depending on the factors of the marriage. These factors can include:

  • The length of the marriage. If a marriage has lasted a significant period of time, it is more likely that spousal support orders will be involved, especially when one spouse earns a higher income than the other spouse, creating financial dependence for one party.
  • The health and age of the couple. Another factor that is significantly considered in a spousal support case is the health and age of the spouses involved. This is especially the case if their age and health status affect their ability to seek employment and earn a living.
  • Any income disparities. In the United States, around 40% of households have a woman as the primary breadwinner. However, no matter the gender of either spouse, one of the most influential factors in a spousal support case is the disparities in income between the parties. If one spouse, regardless of gender, earns a higher amount than the other, the courts will take this into consideration.
  • Contributions to the marriage. Another factor the courts will take into consideration is the contributions made by either spouse during the marriage. This can include who primarily raised the children or the support which either spouse gave the other in regard to their career.
  • The established standard of living. One of the aims of the court when making a decision regarding spousal support will be the established standard of living both spouses have grown used to during the marriage, especially in the case of the lower-earning spouse.
  • Involved marital agreements. Of the number of marriages taking place every year across California, nearly 45% of them have a prenuptial agreement in place. In many cases, these agreements can dictate how a spousal support award will go if a divorce becomes necessary.

There are several different kinds of spousal support an individual is able to seek in California, depending on the circumstances and the presence of the above factors in their case. In most situations, you may be able to either pursue temporary or permanent spousal support.

At Quinn & Dworakowski, LLP, no matter which side of a spousal support case you’re on, we review your situation and financials and work to protect your future. The potential for spousal support can be daunting, both as the individual hoping to receive support and for the party that may need to pay. We are here to help you no matter what.

Can I Seek Modification to an Existing Spousal Support Order?

It is important to keep in mind that, even in the case of a permanent spousal support award, modifications and even termination can still take place. This typically occurs when one of the parties either dies, remarries, or begins cohabiting with a new partner.

However, both parties can seek modifications when there has been a certain change in their life circumstances. The reviving spouse may seek higher support amounts, and the paying spouse may make a case to either terminate or lower the payments being made on the following grounds:

  • Loss of employment and income
  • Change in income and employment status
  • Retirement of either party
  • New health issues or disabilities
  • Changes in the health or mental function of any minor children

In California, you cannot simply seek to modify or terminate a standing spousal support order simply because you feel like it. You must be able to prove that there is a change that has occurred and that the change is both material and ongoing, not simply a temporary situation.

In order to seek a court modification, there are certain steps you will need to take. First, you will want to gather evidence that can support your modification claim. This evidence can include any recent pay stubs or tax returns, your medical records, or any letters terminating your employment. Then, you must file a request for order, ensure that your ex-spouse is correctly served papers, and attend mediation.

When mediation is not successful, a court hearing can be scheduled where a judge will hear arguments from both sides of the modification case.

Hire a Spousal Support Lawyer From Quinn & Dworakowski, LLP, Today

If you are undergoing a divorce or legal separation in Costa Mesa, the topic of spousal support will likely become involved. To safeguard your future and that of your children, and the stability of your finances, you need to hire a spousal support lawyer who can fight for you. At Quinn & Dworakowski, LLP, our family attorneys are here to help you obtain, modify, or defend against spousal support payments. Contact our offices today to schedule your initial consultation.

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