Legal Question in Family Law in California
It has been 10 months since the 'date of separation' and 7 months since I filed for divorce. My wife and I were married five and a half years. She has not filed for spousal support yet, but her attorney has threatened to. She has been supporting herself up till now somehow. She is young and healthy so she should be able to find work somewhere. If she tries to get it now, and support is awarded, can she get it retroactively to the date of separation or is every month that goes by, one less she can obtain? What about her legal fees?
1 Answer from Attorneys
It would be wise to not anger your wife, if you believe that you are going to end up paying her. A lower income party has a right to request spousal support and attorney fees to be paid by the higher earning spouse. The date that the spousal support award would go back to is the date that she filed her motion for support. That is the general rule, unless there are extenuating circumstances.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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