It often happens that during a marriage the wife sacrifices her career to become a homemaker. In some cases, the husband also sacrifices big career choices for the family. But after a divorce such individuals find it hard to get back into the workforce. Spousal support does exist for the partner who is less well-off than the other partner but can it be a source of income?
Spousal support is a type of financial assistance that is provided to a partner as a recognition for his/her contribution to the marriage. Legally married couples are entitled to alimony and the rules vary from state to state. Law courts in California offer financial assistance based on factors like marriage duration, earning capacity of each partner and contribution to the household.
Different types of spousal support
There are different types of spousal support depending upon the spouse’s condition and the amount of monetary help needed by them.
Transitional spousal support provided to individuals who want to pursue training or education necessary for re-entry into the job market. Transitional support is usually awarded in short marriages where an individual may require additional resources to find employment. Compensatory spousal support is awarded to individuals who have made significant financial or educational contributions. The compensatory support is given in only rare cases.
Maintenance spousal support is the most common type of spousal support and is given by one spouse to the other for a specified or indefinite time. Maintenance support is common in long-term marriages where a significant earning gap exists between the two spouses.
Taxes involved
Individuals who receive spousal support are liable for paying taxes. Spousal support is treated as income and tax is deducted according to the amount received. However, under the 2017 Federal Tax law that passed in December 2017, spousal support will no longer be tax-deductible for new or modified spousal support orders made after December 31, 2018.
Conclusion
The spousal law varies from state to state and most courts treat it as a necessity for divorced individuals who don’t have a job. Spousal support is treated as an income and is taxed accordingly. There are different types of spousal support depending upon the condition of the spouse receiving the support. Spousal support ranges from short-term payments to long-term payments and covers individual expenses before they find a suitable job for themselves.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
So, you are not from the U.S. but getting divorced? It could be a big problem because it could affect your immigration status unless you are already an U.S. citizen.
There are many questions which people ask during a divorce. One important question is the question of green card and immigration status. If you are in the process of getting your green card but are also getting divorced, what then? Will your application be rejected?
Divorce effect on conditional permanent residence
You receive a conditional permanent residence when, the time of admission, you have been married for not more than two years. If you want to attain permanent residency, then you have to apply to the U.S. Citizenship and Immigration Services (USCIS) before the second year of your immigration admission. If, at the time of application, you are still married then you will become a permanent resident. But if your marriage fails then you can be liable for deportation.
Immigration applications after a divorce
There are strong laws that govern the status of an immigrant during a divorce proceeding. If you or your spouse are both immigrants, then you need to first get permanent residential status before you can get married on U.S. soil. If one of you is a U.S. citizen, then it becomes easier for the other to become a permanent resident. In the case of a divorce, if you are still an immigrant when you filed for your divorce, chances are your residency status will be terminated and you will be sent back to your home country. But if you are separated and not yet divorced then the situation is not that grim. Because you are still legally married to one another, the court will strongly consider this fact.
Staying in the U.S. after a divorce
In case you choose not to withdraw your immigration application, you can be granted conditional residency. But it all depends on which state you are in and what the state laws say. The conditional residency is possible through a waiver.
If your marriage was based on good faith, you might not get that green card you applied for but you might get a conditional residency. For getting a green you must have stayed in the U.S. for a certain amount of time or have married an U.S. citizen. Situations are not always bad. It depends partly on your luck and partly on state laws.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
When couples decide to get divorced, the possession of the child (or children) is one of the most important and hotly contested matters. This is testament to the importance of children in one’s family.
The intention at the core of California child custody law has always been and continues to be the safeguarding of the best interest of the child. As mentioned in the introduction, the importance of a child cannot be forgotten, and that is exactly why the laws with regards to child custody set out to protect them and safeguard their rights. This aim to protect the child is once again at the core of the decision making by the judge in such cases. Primarily, the decision of the judge depends on the thing that is best for the child principle.
What Do the Courts Consider When Deciding Orange County Child Custody Cases?
The preference of the child considering they are of the age 14 or above
The gender, the stage of development the child is currently at, and the age of the child.
The needs of the child in terms of the educational, emotional and social aspects.
The traits of the parents, especially with regards to drug, sexual, child, emotional or alcohol abuse.
The psychological state of each parent and their ability for parenting
The cooperation and communication levels that exist between the parents.
The type of the relationship that exists between the parent and the child
Cultural considerations
How will the Temporary Orders be Decided?
There are three primary ways that an Orange County family law Judge can adopt to reach their temporary orders.
1. Simply Agreeing On The Agreement Reached By The Parents
This is the most used way of deciding temporary orders. Both the child’s parents may have already come to an agreement before the court proceeding and drawn up an agreement. In such a case, the judge is likely to only endorse the agreement and make it legal. Resolving child custody in divorce mediation or child custody mediation is often the best method compared to the cost, stress, and uncertainty of litigation.
2. By Investigation
In some rare cases where the court wants to have further investigation done in matters related to the case, they are likely to ask the minor’s counsel and a private child custody evaluator, often referred to as a “730 Evaluation” to obtain up more information before the Judge makes the decision.
3. By Formal Hearing
This is the common court route. The court is likely to hear out both the spouses and their counsel. It will also take into consideration each and every detail and evidence that they provide and it deemed relevant for the case before making a decision.
To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”
Gerald A. Maggio is a trained divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
It often happens that during a marriage the wife sacrifices her career to become a homemaker. In some cases, the husband also sacrifices big career choices for the family. But after a divorce such individuals find it hard to get back into the workforce. Spousal support does exist for the partner who is less well-off than the other partner but can it be a source of income?
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters. 
