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How Can I Get A Temporary Spousal Support Order?

Posted on : November 29, 2013

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During the divorce process, the Court can make temporary orders regarding spousal support. Usually,  the spouse who earns less money, or perhaps is unemployed, or has been a stay at home parent, files a “Request for Order” to ask the Court make an order for Spousal Support. The temporary orders are typically based upon the output from the computerized support program, such as X-Spouse, or Dissomaster. These programs use each party’s gross monthly income, tax filing status, and a few other key factors, in determining each party’s net spendable income. In Orange County, we do not have a Court mandated “Guideline” for Spousal Support. However, Orange County has used the Santa Clara Superior Court Guidelines for the past few decades.

So, what does this mean to you? Well, when you go to Court the first time, when asked to make “Temporary Orders” for Spousal Support, the Court’s job is to try to make orders which will “maintain the status quo,” to allow each spouse the ability to maintain the standard of living enjoyed during the marriage. However, common sense dictates that when you have one household, divided into two households, using the income source is the same, neither party is going to be able to “enjoy” the “standard of living” that he/she had as a couple.  The Court will usually look at the last 12 months gross income of the parties, plug in the numbers, and out pops the Temporary Order.

Call Legally Barb today and ask how you can get your Spousal Support order today.

714-740-2542

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