What are the rights of an alimony payor?
In California, the rights of an alimony payor are set forth in the Family Code. Generally, an alimony payor will have the right to request a review of the court-ordered support obligation if there has been a material change in circumstances that would warrant a modification of the original alimony award. Generally, a material change in circumstances will refer to an increase or decrease in the payor’s financial situation or an increase or decrease in the recipient’s financial situation. Alimony payors may also bring a motion to terminate spousal support if they can demonstrate that the recipient is currently cohabitating with another person. In this case, the court may terminate or reduce the payor’s alimony obligation. Alimony payors in California also have the right to request that their alimony obligation be quantified and recorded. This process, called “quantification”, is used to ensure that the alimony payments are consistent and that the payments are tracked and reported to the IRS. Quantification is often used in cases where the payor’s financial situation is expected to change, or if the recipient’s financial situation is expected to improve. Finally, alimony payors in California may also have the right to pursue reimbursement for expenses incurred in the course of providing alimony. These expenses may include attorney’s fees, court filing fees, and other costs associated with surviving the divorce process. The payor must be able to demonstrate that the expenses were related to the alimony payments, and that the expenses may not have been necessary if the support obligation had been different.
Related FAQs
How does a court consider the income of a stay-at-home parent when awarding alimony?Does alimony have to be agreed upon by both parties?
Is alimony considered income?
Are alimony payments deductible for the recipient?
Is alimony awarded if the recipient moves to a different state?
Does liability for alimony continue after the death of the payor?
Is alimony awarded based on the length of the marriage?
Is alimony awarded in every jurisdiction?
What are the different types of alimony?
Are alimony payments deductible for both spouses in some states?
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