In Mendoza v. Cuelar a recent divorce case in Southern California a Wife’s request to the family law court to order permanent spousal support retroactive to the filing date of her petition for marriage dissolution was denied.
In a recent family law case, the trial judge sanctioned the wife $767,781.23 pursuant to Family Code § 271. The Court of Appeal affirmed in part and reversed in part, stating: “We conclude sanctions awarded pursuant to Family Code Section 271 are limited to “attorney’s fees and costs.”
A change in circumstance can mean a modification in the amount of child support or spousal support, so sometimes a person may seek copies of tax returns from the ex-spouse to show an increase in income which might support an application for an increase in support.
If there is a disparity in the income of spouses, then a spouse may seek temporary support payments (commonly referred to as alimony). This occurs after a petition for divorce has been filed but before the divorce trial or stipulated judgment has been issued.
There is a difference between temporary spousal support and permanent spousal support. Temporary spousal support is alimony paid during the course of the divorce proceeding. Permanent spousal support is alimony paid on the judgment of divorce.