If you are going through a Pasadena divorce after being a stay-at-home spouse, you might be wondering how to handle financial concerns until your divorce is finalized.
Your spouse does not have to provide for you or any children you have together unless there is a court order in place. You can ask your attorney to file for temporary spousal support and child support to help you make it through this challenging financial time.
Temporary requests are made by filing for a hearing called an Order to Show Cause (OSC). Temporary court orders typically expire upon the trial date for your divorce. Temporary spousal support can be up to 40% of the higher-earning spouse's monthly income, reduced by half of the lower-earning spouse's net monthly income. The ability of the spouse requesting support to obtain employment is not considered a factor at this point. While a stay-at-home spouse may be required to obtain employment in the future, the purpose of temporary spousal support is merely to allow the lower-earning spouse to continue living a similar lifestyle until the divorce is finalized.
If child support is required, the calculations for child support payments are made using a complex formula and a computer program known as DissoMaster. Negotiation between attorneys may also come into play if there are special circumstances involved.
The tax rules for temporary child support and temporary spousal support are the same as they are for payments made on a permanent basis. Child support is not tax deductible by the person who pays it, nor is it taxable income for the person receiving it. Alimony, however, is a tax deductible expense for the person paying the spousal support and taxable income for the person receiving the payment.
How Can We Help?
If you have questions regarding the use of temporary orders for child support or spousal support, please call our office at (626) 683-8113 or email us at info@PasadenaLawOffice.com. Our Pasadena family law attorneys are eager to provide you with the resources you need to make it through this challenging time.