An important issue in a divorce is temporary spousal or partner support. When one spouse files for divorce in California, either spouse/partner may request from the court an order for temporary spousal support. This article will summarize important information published by the California Courts here, https://www.courts.ca.gov/1038.htm, which relates to temporary spousal support
- What is temporary spousal support?
Temporary spousal support is also commonly referred to as alimony. Before a divorce is final, upon the request of one of the parties, a judge may order that one spouse will pay money to the other spouse.
- What temporary spousal support formula is used in Solano County, California?
In Solano County, the courts use the “Santa Clara” formula, which comes from Rule 5.30, which can be found at the link below. Some of the cities in Solano County include Benicia, Birds Landing, Dixon, Elmira, Fairfield, Rio Vista, Suisun City, Vacaville and Vallejo.
For more information about the rules applicable in Solano County, see this site: https://solano.courts.ca.gov/wp-content/uploads/2020/10/Solano_County_Local_Rules_Effective_2021-01-01_-_Rule_05.pdf
- How does the Santa Clara formula work for calculating temporary spousal support?
The support is generally calculated by taking 40% of the net income of the payor, minus 50% of the net income of the payee, adjusted for tax consequences. If there is a child support, temporary spousal or partner support is calculated on net income not allocated to child support and/or child-related expenses.
Resources for more information:
- https://www.scscourt.org/court_divisions/family/family_rules/family_rule3.shtml
- https://www.scscourt.org/court_divisions/family/family_rules/family_appendices.shtml
CONTACT THE LAW OFFICE OF DAVID KNECHT
If you are concerned about your ability to meet your daily expenses and need temporary spousal support or if you are the wage earner with questions about a potential request for temporary support, contact the Law Office of David Knecht. We have extensive experience with divorce in California. Contact us at 707-451-4502 for more information.
