Alimony & Spousal Support Attorney in Orange County, CA
If you need an Alimony / Spousal Support Attorney in Orange County, CA, you can take comfort that Edwin Fahlen has the negotiating skills and 27 years of experience required to represent you. Having negotiated and litigated many alimony cases over a quarter century, Ed has the edge edge you need in order to represent you in a way that can help assure an outcome that is favorable to your objective.
While the overwhelming majority of all spousal support awards are from the husband to the wife, in the more and more common circumstances where the stay-at-home husband takes care of the children while the wife works, payments from the wife to the husband can be awarded instead.
Orange County courts often require the payment of spousal support (commonly known as alimony), in cases involving a long-term marriage or a marriage where one spouse does not have an earning potential because, for instance, he or she spent 20 years out of the workforce raising children and caring for the marital home. Spousal support is typically negotiated, like property division, as part of an overall divorce settlement. A number of factors can influence the decision to offer or seek spousal support, including property considerations and future tax consequences.
Property Considerations and Tax Consequences
Whereas child support is a given because the State of California has statutory laws demanding it, spousal support is not statutorily demanded and is subject to careful and thoughtful negotiation. A skilled spousal support attorney, like Ed Fahlen, can make spousal support negotiations not only more palatable for both parties, but find creative opportunities to create real world blessings for each spouse. How is that possible? Well, there are so just many possibilities for each spouse to “win” in ways other than the payment of a simple monthly dollar amount from one spouse to the other.
Opportunities Where BOTH Parties Can Be Pleasantly Surprised
Cash flow consideration, opportunities to offset income taxes, and child support negotiations can ALL affect an amicable spousal support negotiation. Are you aware that spousal support payments (for the payer) are tax deductible? That can be huge for a high income earner. It often comes down to paying ones’ ex-spouse or the IRS. In other cases where there are high-equity assets such as the family home or other properties, it might be sensible to negotiate a more generous property settlement and eliminate or severely reduce and spousal support. These types of possible scenarios are precisely why Ed Fahlen extended his skill set in to Real Estate law for the benefit of his family law clients.
Ed Fahlen is a Real Estate lawyer, a Licensed Real Estate Broker & Realtor® and can advise his clients in extreme detail the various creative options where both parties to a divorce can potentially experience a win-win for their upcoming future life circumstance. Other, less-experienced lawyers, might waste months in public courtrooms stupidly bickering over an unnecessary monthly dollar figure for “alimony payments” when there are so many better solutions for BOTH spouses!
Spousal Support Issues for those Already Divorced
Paying Too Much Spousal Support
Many support-paying spouses come to feel, post divorce settlement, that they are paying too much spousal support to their ex-spouse because of changes in life circumstances for them or their ex. It might be that the payer-spouse has taken a cut in earnings or the receiving spouse is now employed, making better earnings, or is cohabitating or has recently remarried. If you’ve been through a divorce and you feel you are currently paying too much spousal support and/or child support, legal representation is always helpful to petition the court reconsider your situation. Contact Ed Fahlen at once to find out how he can help.
Modifications are NOT awarded to retroactively to compensate you for any loss in your earnings. It is up to you to get the ball rolling!
Receiving Too Little Spousal Support
Many support-receiving spouses come to feel that they have not been awarded sufficient spousal support based their changed situation or the post-settlement revelation that during the divorce proceedings there were financial circumstances not taken into account. Other circumstances might be that the spousal-support receiver’s ex-spouse is now making substantially more earnings.
It is possible to have your spousal support case heard by the court where you may be awarded an increase in spousal support payments. Contact Ed Fahlen immediately to find out how he can help.
Modifications are NOT awarded to retroactively to increase your spousal support payments for any significant increase in your ex-spouses earnings or other financial improvements. There is no fee or obligation to reach out and call Ed personally at (714) 395-5669 24/7.
'CLICK HERE' TO LEARN MORE ABOUT the different types of spousal support
There are several types of spousal support, each of which is designed to meet particular situations:
Temporary Spousal Support (pendente lite) – is made when a couple is separated or still in divorce proceedings, but they are not yet divorced. This can include payment for daily expenses, divorce costs, and other expenses, and continues until the court determines a permanent spousal support payment arrangements.
Permanent Spousal Support – is what most people think of when they refer to spousal support payments. It is the monthly payment amount awarded to a spouse following final divorce proceedings. It is typically paid on a monthly or bi-weekly or weekly recurring basis. Permanent spousal support is sometimes awarded indefinitely. Spousal Support is subject to change when ‘life circumstances’ are changed, such as cohabitation or remarriage.
Rehabilitative Spousal Support – is where one spouse needs temporary financial assistance to get back on their feet, get a job, or take classes to learn a viable skill. A judge may determine that financial support is needed for a short period of time.
Reimbursement Spousal Support – is a type of support that makes allowance for the payback of any financial investment provided for higher education or work training by one ex-spouse. It requires payments to be made to reimburse the sponsoring ex-spouse for the tuition costs or portion of those costs.
Lump-sum Personal Support (alimony in gross) – is a type of support paid in cases where an ex-spouse does not want any property or other valauble assets (cars, furniture, boats, etc.) from the marriage assets. The court may, instead, agree to or order a one-time lump-sum payment in lieu of property distribution.
Free Introductory Meeting
I encourage you to reach out to make that free introductory meeting with me by calling (714) 395-5669. There is absolutely no pressure whatsoever. Typically, people will want to sit down with a divorce attorney to discuss their current circumstance and to learn of their options. I am pleased to offer this complementary legal service to residents of Orange County and beyond.
If it is late at night or inconvenient to call me, please email me using my CONTACT US form on the left side of the screen. This form comes directly to my desk. I will contact you the minute I see it.
Conveniently located in Fountain Valley
We are located off the 405 Freeway. Here is a picture of my office building and a Google Map to get your bearings.