Legal Question in Family Law in California
I have my spousal support put on reserve, the judge stated that it does not go into arrears but she is just out of luck for the time being. I want to know if by putting it on reserve, if that prolongs me paying her? I already paid 3yrs and I was married for 18, thus according to the law she gets 9yrs.
1 Answer from Attorneys
California law for spousal support does not state that spousal support will be paid for 1/2 the length of the marriage. The law states that in the case of marriages of less than 10 years the goal is to have the supported spouse self sufficient in a period of time equal to 1/2 the length of the marriage. There may be circumstances, such as the supported spouse becomes ill, that spousal support continues after the 1/2 the length of the marriage time. Second marriages of 10 years or more have a different criteria. In these cases spousal support continues until the supported spouse is able to support themselves in a manner similar to the manner in which the parties lived during the marriage. The court must make a finding that the supported spouse is able to adequately support him or herself. The court will after a review of the facts, age of the parties, education, health and other such factors and determine whether it is feasible to order the supported spouse to seek employment, or job training.
The court also considers the assets which the supported spouse has available to support her. Thus if she is the beneficiary of a trust that provides her with a monthly income similar to yours that no spousal support is required.
The fact that the court has not ordered current support, but has reserved the issue, indicates that your ex is capable of earning sufficient income that spousal support is not required. Depending upon the circumstances you may be in a position to have spousal support terminated.
The above answer is based on the limited facts you provided. You either consult with an attorney, or have a lengthy discussion with your attorney. The potential cost to you is so great that obtaining advise on the internet is not in your best interests.