Legal Question in Family Law in California

Who pays alimony, Husband or Wife?

My wife earns over 200k annually, where after 17years, wants a divorce. I make 50K annually,(part of the problem). We have kids, do I pay alimony or her?

Asked on 7/20/03, 7:40 pm

5 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law
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Re: Who pays alimony, Husband or Wife?

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Factors in determining post-judgment spousal support are set forth in Family Code section 4320. Income is just one of many to be considered.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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7/23/03, 7:08 pm
Brian Levy, Esq. Law Office of Brian Don Levy
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Reply: Who pays alimony, Husband or Wife?

The higher income spouse is the spouse who is at risk of paying alimony.

I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues including spousal support at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

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7/21/03, 12:02 pm
Matthew Kremer Law Offices of Matthew M. Kremer
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Re: Who pays alimony, Husband or Wife?

Based solely on the information you provided, I would be surprised if she was not ordered to pay spousal support to you. She may also have to pay child support. The computer program is not necessarily used in all courts and in no courts for the "permanent" award (i.e., at trial or final settlement), per case law.

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7/21/03, 2:13 pm
H.M. Torrey The Law Offices of H.M. Torrey
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Re: Who pays alimony, Husband or Wife?

probably not. the court uses a formula that is input into what is called a dissomaster. from the facts u have given, most likely your wife owes you support payments. feel free to email me directly if you need additional legal assistance.

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7/20/03, 9:08 pm
Robert Mccoy Law Office Of Robert McCoy
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Re: Who pays alimony, Husband or Wife?

sounds like your wife may have to pay

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2/23/04, 9:40 pm

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