California Family Code 4323

California Family Code 4323 Attorney

Spousal support, also known as alimony in California, is often one of the fiercest topics of contention between a couple in many divorce cases. There is a complex legal process that the courts can use to determine the amount paid and the length of the payments. If your ex-spouse has moved in with a significant other and you are still paying them spousal support, you are entitled to certain rights under California Family Code 4323.

Likewise, if you are divorced and receiving alimony payments, these payments may end if you begin cohabiting with a significant other. Cohabitation can have an impact on spousal support, and it is important that you understand this impact before making the decision to move in with another romantic partner. Under California Family Code 4323, your ex-spouse may have the right to seek a modification or termination of the alimony they have been paying.

What Is California Family Code 4323?

If you have been granted a divorce in California, you may have been required to pay spousal support to your now ex-spouse. Typically, these payments end upon the remarriage of the supported individual or the death of either party. However, if your ex-spouse is now cohabitating with a new significant other, under California Family Code 4323, you may have grounds to argue for the reduction or termination of these alimony payments.

In California, the court may order spousal support payments in a divorce if one of the divorcing parties is found to be in financial need. This allows them time to become financially self-sufficient following this major life change. Under some circumstances, these payments may be only temporary. Under others, though, they can last a lifetime. However, when the supported spouse moves in with a new partner, the courts may determine that spousal support is now unnecessary.

It is important to keep in mind that, oftentimes, the courts hesitate to go back and make a modification to spousal support rulings. If your case is eligible for this modification, you must have the proof to back it up. On top of this, even if your ex-spouse is cohabitating, the courts may not necessarily rule in your favor.

Additionally, in certain situations, your ex is cohabitating, they might be in a position to admit to the cohabitation, and they may still argue their need for spousal support. This is why it is essential that, in these circumstances, you hire a California spousal support modifications attorney. They can assist you in building your case to reduce or terminate the alimony payments you are making.

Quinn & Dworakowski, LLP: Your Spousal Support Modification Attorneys

At Quinn & Dworakowski, LLP, our attorneys know the laws surrounding spousal support modifications in California. After your ex-spouse has begun cohabitating with a new partner, you may wish to reduce or terminate the spousal support payments currently coming out of your personal finances. Our firm can help you exercise your rights as laid out in California Family Code 4323.

Likewise, if you are cohabitating with a new partner and have discovered that your ex-spouse is filing a petition to terminate or reduce the support you have been receiving, we can build a defense against this petition. Just because you have begun cohabiting does not mean the courts will automatically rule in favor of your ex-spouse.

Common Arguments to Terminate or Reduce Alimony Payments Due to Cohabitation

If your ex-spouse has moved in with a new partner and you are hoping to reduce or terminate their alimony, there are several ways to argue for this. First, you must show that this cohabitation is occurring. The easiest way is to get your ex-spouse to admit to it. However, an attorney can launch an investigation into the matter as well, gathering the necessary evidence to prove their current living arrangements.

A skilled family law attorney can establish this cohabitation by gathering eyewitness testimony or uncovering certain documents that prove it. Once cohabitation has been revealed and your attorney has established a decreased need for spousal support, the courts may then modify or terminate all spousal support payments.

FAQs About California Family Code 4323

How Much Does a Spousal Support Attorney Charge in California?

In California, it can be difficult to estimate how much an attorney might charge to represent an individual who seeks a modification to their spousal support arrangement. Several factors will affect the final cost analysis. These include the complexity of the case, the duration of the modifications case, and the skill level, effort, and experience of the attorney.

How Can I Argue Against a Spousal Support Modification in California?

In California, an individual might argue against a spousal support modification by demonstrating that their cohabitation is occurring with a roommate or just a temporary situation. If the person the recipient ex-spouse is living with is, in fact, a romantic partner, the ex-spouse may admit it. In that case, they would likely assert that, just because they are cohabitating with someone, it does not mean they have a reduced need for spousal support.

How Long Does a Spousal Support Modifications Case Take in California?

In California, there is no real way to estimate how long a spousal support modification case might take. There are several factors involved, and each can influence the overall timeline of a case. These include the complexity of the case, the availability of the courts, and the cooperation of the parties involved.

How Do You Prove Cohabitation in California?

There are several ways of proving cohabitation in California when seeking a modification or termination of spousal support rulings. These can include:

• There are photos or videos of the couple together.
• They have joint ownership of real estate and/or a vehicle.
• They are renovating the property together.
• The two share certain bills or bank accounts.
• The supported spouse and their new partner share a mailing address.

Contact an Experienced Family Law Attorney Today

If your ex-spouse may be cohabitating with a new romantic partner and you wish to modify the ruling of spousal support in your divorce decree, contact an attorney from Quinn & Dworakowski, LLP. Conversely, if your ex-spouse is looking to terminate or reduce alimony payments due to your new cohabitation arrangement, we can defend you and help you continue to receive the financial assistance you need.