Basics of Spousal Support Debt

What is spousal support?

When a couple legally separates or divorces, a judge in family court may order one spouse or domestic partner to pay the other a certain amount of money each month in order to help pay for the less earning spouse or partner’s living expenses.[2590] This is called “spousal support” for married couples and “partner support” in domestic partnerships.[2591] It is sometimes also called “alimony.”[2592] To understand more about divorce and legal separation, see the section beginning on PG. 774.

IMPORTANT! Spousal and partner support are difficult legal issues. See a lawyer or a family law facilitator in your court. The family law facilitator will help you for free to:

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    Understand spousal/partner support — how long the support may last and how it may affect your taxes;Help you calculate spousal or partner support; andPrepare court forms.To find a family law facilitator to help you understand spousal or partner support, see Appendix A, PG. 797 for resources.
  1. 2590

    Cal. Fam. Code §§ 3600-3604.

  2. 2591

    Cal. Fam. Code §§ 3600-3604.

  3. 2592

    Cal. Fam. Code §§ 3600-3604.

who has to pay spousal support?

If you and your spouse or partner either get a court-order for spousal support or you agree to a payment plan on your own, the spouse or partner that is the higher wage earner will have to pay the lesser-earning spouse or partner an adequate amount of money to help pay for the less his/her basic living expenses.[2593]

  1. 2593

    Cal. Fam. Code §§ 3600-3604.

How will owing spousal support affect my reentry?

Owing spousal support can affect your credit score, your ability to get some types of employment, your income, and more. For example:

    Your Credit Score Can Be Affected: If a Local Child Support Agency (LCSA) is involved they will report your support non-payment to credit rating agencies. They are also entitled to use all the enforcement mechanisms that they use for child support non-payments.
    Your Employment and Income Can Be Affected: If the person receiving spousal supports files for wage garnishment, your employer may be forced to withhold part of your wages to pay back your past due spousal support.

How do I find out if I owe spousal support and how much I owe?

If the Local Child Support Agency (LCSA) is involved because you are paying your spousal support payment along with your child support payment, you should contact the LCSA directly to ask how much you owe. To find the LCSA in your county, call 1-866-901-3212, or visit http://www.childsup.ca.gov/home/lcsaoffices.aspx.

If LCSA is not involved you should get in contact with the person you are paying spousal support to and ask them how much you owe. If that is not possible you can also contact the family law facilitator in your county. To find the family law facilitator in your county visit: http://www.courts.ca.gov/selfhelp-facilitators.htm