Modern Tools

What does temporary alimony mean?

What does temporary alimony mean?

spousal support
Temporary alimony or spousal support is an order for support that comes during a divorce, legal separation or even an annulment case after one party has filed such a request with the court. Temporary spousal support is also called pendente lite spousal support, which means an order made during the pendency of a case.

What is an alimony order?

Alimony refers to court-ordered payments awarded to a spouse or former spouse within a separation or divorce agreement. The reason behind it is to provide financial support to the spouse who makes a lower income, or in some cases, no income at all.

Can a court set a monthly alimony payment?

Based on this, if the court believes that temporary alimony is appropriate, it will set a monthly payment. A temporary spousal support award is not a certainty: it depends on the facts of each case. In some states, including California, courts can use a guideline formula to determine temporary spousal support.

What happens when you get a temporary spousal support order?

As an aside, the reality is that in most cases, it’s difficult—if not impossible—to maintain two households on the same income previously used to maintain just one. So, in families with limited income, temporary spousal support orders can effectively result in the paying spouse’s inability to afford a separate residence.

Can a court modify a temporary support order?

The court will put its decision into a written order, which both spouses must follow. To modify a temporary support order later, a spouse will need to prove there’s been a substantial change in circumstances, which justifies increasing or decreasing the support amount.

How long does it take for a judge to issue a temporary order?

Once the request is properly made, a hearing will be scheduled within days or weeks and a judge will issue his or her decision, either at the hearing or shortly thereafter. Spouses can ask a court to temporarily: establish child custody and visiting arrangements provide for spousal support (alimony) and/or child support payments

How does a temporary alimony order work in California?

Temporary Alimony Orders in California Temporary alimony (also called spousal support) is a common request in a divorce. A request for order filed with the court causes a court date for the hearing. That request for order is then served on the other spouse.

Can a temporary spousal support order be relied on?

A temporary spousal support order does not mean either spouse is stuck with that number by the time the case gets to the judgment phase. The court cannot even rely on the computer program or rely much on the temporary order when it determines the final order.

Based on this, if the court believes that temporary alimony is appropriate, it will set a monthly payment. A temporary spousal support award is not a certainty: it depends on the facts of each case. In some states, including California, courts can use a guideline formula to determine temporary spousal support.

How does an income withholding order work for alimony?

Many alimony orders start out with an income withholding order, which requires the payor spouse’s employer to withhold the alimony amount from the payor spouse’s paycheck and send it directly to the supported spouse.