Requesting spousal support payments

How do i ask the court for a spousal support order?

Spousal support can be requested by you and ordered by a judge in a divorce, legal separation, annulment or domestic violence restraining order proceeding. You can also agree to spousal support with your spouse on your own, outside of court. The agreement about spousal support (sometimes called a stipulation) will have the full force of law once a judge signs it.[2601]

You can ask for a spousal support order once you file (start) your divorce, legal separation, annulment or domestic violence restraining order case.[2602] You can get temporary orders for spousal support while you are waiting for the final judgment in your case. For more information on the procedure for requesting a temporary spousal support order, see Appendix M, PG. 831.

To set up a spousal support order, you or your spouse must request an order from the judge. The procedure for requesting an order depends on:

    Whether you already have a family court case that involves you and your spouse or domestic partner; or
    Whether you are starting a case for the first time.

IMPORTANT! We recommend you ask the family law facilitator in your court to help you fill out the forms in order to request spousal support. Additionally, the California Courts website has all the forms you may need in order to start or join a family court case (available at: http://www.courts.ca.gov/9050.htm).

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  1. 2601

    Judicial Council of Cal., Asking for a Spousal/Partner Support Order, http://www.courts.ca.gov/9050.htm ↑

  2. 2602

    Cal. Fam. Code §§ 3600-3604. ↑

Can I ask for spousal support while I am incarcerated?

You can request spousal support while you are incarcerated but the judge will likely not grant it.[2603] The process is the same as it would be if you were not incarcerated. See the preceding question for information on how to request spousal support.

A judge, when ordering spousal support, looks at the receiving spouse’s need for the money to meet basic expenses.[2604] It will be extremely hard for you to justify the need for financial support from your spouse while you are incarcerated because the federal, state or county institution where you are serving your sentence is already providing you with your basic necessities such as food, clothing and shelter and you do not have personal expenses during your incarceration.

Therefore, it is advised that you ask the judge to hold on making a determination as to spousal support until you are released.

  1. 2603

    See http://www.prisonerswithchildren.org/wp-content/uploads/2013/01/Manual-on-Divorce-Issues.pdf (“It is unlikely that the court will order your spouse to pay you spousal support (alimony)as long as you are incarcerated. When you are released this can change, so it is best to ask the court to put off any decision about spousal support until you are released. This way you can avoid going through the procedures for a change in support payments (which can be more time-consuming and difficult).” ↑

  2. 2604

    John S. Yohanan, California Court: “It’s Time” Not Enough to Justify Cutting of Spousal Support – In re Marriage of Navratil (June 30, 2015), http://www.bayareadivorceattorneyblog.com/2015/06/30/california-court-its-time-not-enough-to-justify-cutting-of-spousal-support-in-re-marriage-of-navratil/. ↑