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Yes, but the "extraordinary remedies" available to collect child support (interception of Federal and state payments, liens on real and personal property, etc.) are not available to collect unpaid spousal support.
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Can spousal support be garnished from retirement?
This depends on the State law.
Where can one get a spousal support?
Spousal support can be granted during divorce proceedings in a court of law. Spousal support is often issued to the spouse either not working, or the spouse working the least amount and is dependent upon the other for basic needs such as food, shelter, and vehicle expenses.
What is a spousal support lawyer?
A spousal support lawyer is a type of family law attorney who specializes in cases involving spousal support or alimony. These lawyers help clients navigate the legal process of determining, modifying, or enforcing spousal support payments during divorce or separation proceedings. They provide guidance, negotiate settlements, and advocate on behalf of their clients to ensure a fair resolution.
Examples of case involving family law?
Divorce - Child Support - Alimony and Spousal Support issues - Child Custody - etc)
Is alimony and spousal support the same?
Yes. Alimony is an order of a court for the support of one spouse by the other spouse.Maintenance in family law refers to alimony or spousal support. Maintenance is an order of a court for the support of one spouse by the other spouse.
Is a waiver of spousal support enforceable in a Prenuptial Agreement enforceable under California law?
See the FAQ section at www.laprenuplawyer.com. Historically, waivers of spousal support were considered to be unenforceable in California. But in 2000 the California Supreme Court reexamined California's long-standing policy against such waivers of spousal support in In re Marriage of Pendleton & Fireman, 24 Cal.4th 39 (2000) . In that case, the Supreme Court found that when entered into voluntarily by people who are aware of the effect of the prenuptial agreement, a premarital waiver of spousal support does not offend contemporary public policy. In response to the Pendleton decision, the California Legislature promulgated new regulations that limit when modifications or waivers of spousal support in prenuptial agreements may be upheld. Section 1612 (c) of the Family Code now provides that any provision regarding spousal support, including a waiver, will be unenforceable if either party against whom enforcement is sought was: (1) unrepresented by independent counsel at the time the agreement was executed, or (2) if the provision is unconscionable at the time enforcement is sought. It is impossible to predict what circumstances might someday cause a Family Law judge to conclude that enforcing a spousal support waiver would be "unconscionable." While we can surmise with a high degree of certainty that if, after a 10-year marriage, one party is worth one billion dollars and the other party has no assets is unemployed, and is completely disabled, enforcement of a spousal support waiver would likely be deemed to be unconscionable. On the other hand, at the other extreme, we can say with equal confidence that if, after a one-year marriage, both parties have assets of equal value and comparable incomes, enforcement of a spousal support waiver in a prenuptial agreement would not be deemed to be unconscionable. Between these two extremes, we can only speculate where a Family Law judge might draw the line between "conscionability" and "unconscionability." Unfortunately, since Section 1612 of the Family Code was amended by the California legislature in 2002, there has been little case law that addresses under what circumstances a Family Law judge is likely to find a waiver of spousal support to be "unconscionable." Until a more developed body of case law emerges that addresses this important issue, it is impossible to predict under what sort of circumstances a provision in a prenuptial agreement dealing with (or waiving) spousal support is at risk of being struck down on the grounds that it is "unconscionable."
How long does someone have to pay military spousal support?
This answer is for SPOUSAL support and not CHILD support. It lasts for as long as the divorce decree states. It usually ends upon the re-marriage of the spouse who is receiving the support, or upon that person's death. can i also get alimony? and medical coverage?
What is Wisconsin's law concerning spousal property?
Wisconsin is a community property state, all marital property and assets are divided equally. Child support, spousal maintenance (if any) and debts are treated as different issues.
How do you put the word enforceable in a sentence?
The "no texting while driving" law is not very enforceable.
What is the spousal abandonment law in Tennessee?
What is the spousal abandonment law in Georgia?
What is the difference between law and guidelines?
Law is enforceable but guidelines are only an indicator.
What is a set of voluntary promises enforceable by law?
contract
