Temporary support is ordered during the pendency of a proceeding for dissolution of marriage or legal separation. In essence, temporary support orders the husband or wife to pay an amount necessary for the support of the other party. The purpose of temporary spousal support is to maintain the living conditions and standards of the parties as close to the status quo as possible pending trial and the division of the parties’ assets and obligations. In other words, temporary spousal support is designed to equalize the standard of living during divorce.
Lifestyle and Needs
The parties’ lifestyle during the marriage is used as the main basis for a temporary support order. The court must also consider the needs of the party requesting temporary spousal support, as well as the ability of the other spouse to pay.
The status quo of the marital lifestyle itself doesn’t need to be maintained. Often the most that the court can do is equitably allocate income to maintain the parties as close to their previous lifestyle as possible.
Domestic Violence
The court must also consider if there is a history of domestic violence in deciding whether or not to award temporary spousal support. There is a presumption against awarding support to an abusive spouse who has been convicted of domestic violence against the other spouse. Similarly, temporary spousal support cannot be awarded to a spouse convicted of attempting to murder the other spouse.
Use of Court Schedules or Formulas
The computation of temporary spousal support is found in local rules, unlike child support and permanent spousal support. The courts have adopted formulas for determining temporary spousal support in dividing the family income proportionately. These formulas promote consistency in temporary support orders and may reduce the need for hearings. The formulas use either the net income of the party asked to pay support or the net incomes of both parties. Unlike the Statewide Uniform Guideline for calculating child support, the formulas adopted by the court in local rules are not mandatory. The existence of unusual facts or circumstances may merit deviation from the use of such formulas. Some special circumstances that might justify a deviation from the temporary support formula are:
- Tax consequences contemplated by the guideline
- Party is paying spousal or child support from a prior relationship
- Party is encumbered with unusually large mortgage payments or other monthly payments
- Party has special needs or special expenses
Duration of Temporary Spousal Support Order
The duration of temporary spousal support can start from the filing of a petition for dissolution of marriage. The order will remain in effect until:
- Judgment is issued
- The case is dismissed, or
- The order expires under its own terms
Take note that the court retains the power to order temporary support while a judgment is appealed. If there is no termination, the obligation to pay continues even if there is no active litigation of the case. For your legal battles you can ask help from family law attorney Sacramento. Unpaid support that accumulates during the obligation to pay can still be enforced even after termination of the case. However, the order of temporary spousal support is not enforceable during any period when the parties have reconciled and are living together.
Modification of Temporary Spousal Support
The court can modify an order for temporary spousal support anytime. However, the court’s power to modify or terminate is limited in two respects:
- The court cannot modify or terminate the payor’s liability for payments that accrued before the date of filing the notice of motion or order to show cause to modify or terminate the order.
- The court may not retroactively modify a temporary support order.
As a general rule, there is no need to show a change of material circumstance for an order of temporary spousal support to be modified. However, from experience, many judges deny the modification of the order if there is no change of circumstances shown. This practice is to avoid parties from returning to the court for a more favorable ruling.
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