Friday, February 28, 2020

Temporary Spousal v Ongoing Support

There is a Major Difference Between Temporary Spousal and Ongoing Spousal...do you Need to Win your Case?!

Basically, temporary spousal support is done by using the Dissomaster program; ongoing or sometimes called permanent spousal support, is not done by using the Dissomaster, and requires the Court to use certain factors in deciding just how much should, if at all, be paid.  Because there are 14 factors to be considered, it is pretty obvious that an attorney who has experience in figuring out how to best defend the paying client-- this is what you would need if you are the "paying" client.  In most cases, it will be the husband or the spouse that earned more during the marriage.



Conversely, the person who is attempting to get or keep the ongoing spousal will need an attorney who can prove that the client basically needs the support, and that it is warranted under the circumstances.  These days, many people are living far past retirement age, and many people will be working or are forced to work past retirement age. This could have some interesting ramifications on spousal support, because many more women who may not have worked in the past, are now working. Because the family code expects that each person (wife or husband) post separation, is to make efforts to become self supporting if not already doing so, this means that the stay at home person must make those efforts to become gainfully employed.

Attorney herein has had plenty of cases both for the worker spouse, or the non worker spouse. Also because attorney is basically a defense attorney, it is much easier to raise defenses in many areas from a logistical view, factual view, and legal view. In part, this may be why attorney has such a high win rate in contested cases.  
If you have a difficult case, attorney encourages you to call for your free consultation!