Is Child Support and/or Spousal Support (Alimony)Automatically Modified if I Become Unemployed?

A child support and or a spousal support (alimony) order is not automatically modified if you lose your job.  That's why it's important that you obtain amodification of your current Court order.  This can be accomplished with a Stipulation (an agreement with the other party) or by filing a request to modify the order with the Court.  It is important to file your request right away so the Court has the ability to make the order retroactive; the Court can only make the order retroactive to the date of filing, not the date you lost your job.  Contact Claery & Green, LLP today and speak with an attorney about modifying your child support or spousal support today!


Nicole Negron
Attorney at Law
Claery & Green, LLP

Family law encompasses a wide variety of legal issues such as: child custody, support payments, divorce, domestic partnerships and restraining orders. As a family law attorney you are called upon to act on behalf of your client during what is often one the most troublesome times in their life. The stakes and emotions are extremely high and your rights must be protected.  

That is why my number one objective is to be a zealous advocate for my clients' rights. As a zealous advocate, it is my job to effectively communicate with my clients to develop the important facts, apprise them of the law, and keep them continuously updated about the status of their case. As a zealous advocate, I am ready to fight for my clients' rights until the very end.

The family law court system can be very frustrating. If you or a loved one is involved in the system, you need a zealous advocate to help you fight your way through.    

Kyle Puro, Attorney at Law
Claery & Green, LLP

Alimony in California is referred to as spousal support. It is money that one spouse pays to the other to help support them after a divorce. The spouse receiving such support is required to pay federal and state income taxes on whatever they receive, and the spouse making such payments is entitled to a tax deduction. A Los Angeles divorce lawyer should be consulted to verify that the orders are drafted correctly, ensuring that such deductions can be made legally.

If neither party currently needs spousal support, either can ask the judge to reserve jurisdiction to order spousal support at a future date, such as when a job is lost or health deteriorates. Again, a judge will be more likely to grant this if the marriage has lasted over ten years. Under some circumstances, the person receiving support may go back to court to ask for a change in the amount of support. A judge can also order a wage assignment so that a spouse's employer pays spousal support directly.

If you have questions about spousal support and your other options when getting divorced, contact Claery & Green today!

When registered domestic partners decide to separate or terminate their domestic partnership, they should speak with an attorney about their rights to palimony, also referred to as “ Marvin Actions.” Palimony works very much the same way as spousal support.

As with traditional marriages, sometimes in a domestic partnership one spouse stays home to care for the family. Other times both partners are working, but one spouse clearly is the bread winner. In these types of situations it is particularly important to speak with a California domestic partnership attorney at Claery & Green. You may be entitled to palimony and a lawyer at our office can advocate your legal rights and represent your interests. The courts like to ensure both parties are able to maintain the same standard of living they shared during their relationship, which means if one partner makes significantly less money, the higher-earning partner may be ordered to support the other.

Whether you are the one seeking support or your ex-partner is seeking support from you, an attorney at Cleary & Green can represent you during any legal proceedings and help you secure a palimony settlement that suits your financial interests. Our goal is not to break the bank on anyone, but rather help our clients reach a settlement with their partner that ensures both parties are financially sound going into the future.

Contact Claery & Green today for more information about Marvin Actions.

If you have been served with a petition for dissolution of your marriage(divorce), you are likely wondering what you need to do.  It is imperative that you respond to the petition in a timely manner and that your response is filed and served properly.  Otherwise, you will be at risk of being defaulted.  This means that the petitioner may obtain orders in your absence (a Default Judgment); and they will likely be unfair orders.  It is imperative to take a proactive approach in any litigation you are involved in.  In addition to properly filing a response, you may want to pursue temporary orders to address issues while the divorce process occurs.  This is especially important if you need temporary child custody and child support orders, spousal support orders, exclusive use and possession of the home you and your spouse live in, and order for any other issue that must be addressed promptly.  To obtain these orders an Order to Show Cause  request must be filed with the court.   

  A divorce will ultimately result in final orders set forth in a Judgment.  These orders will dissolve the marriage and the issues related to the marriage.  These issues include child custody, child support, spousal support, division of the marital assets and debts and many other issues.  The paperwork filed with the court must be prepared properly, filed timely and served in the correct manner.  In addition the discovery process may be initiated to investigate the existence and value of assets, debts, the opposing party’s income and compensation and to uncover the opposing party’s position regarding the issues, among other things.

It is critical to avoid a passive, “wait and see,” approach in a dissolution.  Do not rely on the opposing party’s advice on what you are entitled to.  Also, keep in mind that if your spouse has an attorney, that lawyer is advocating for your spouse and only your spouse.  The best approach is to immediately consult with an attorney.  If you feel comfortable with that attorney, he or she can help you get through this difficult time.  An attorney will make sure your documents are prepared properly and filed and served in a timely manner.  Most importantly, you will be advised as to your rights and what you are entitled to.  You make the decisions; however you should be well informed throughout the process.

Our attorneys are passionate about family law and dedicated to making sure our clients feel like they have an aggressive team of advocates on their side.  It is important not to feel alone during the emotionally charged and stressful divorce process.

Lance Claery, Partner
Attorney at Law
Claery & Green, LLP