San Jose, CA asked in Divorce and Family Law for California

Q: Hi, I am currently going through a divorce. We filed back in September of 2022 and I want to receive spousal support.

My spouse has not provided spousal support since we filed for divorce. My past lawyers have not pursued it even when I had asked them. I want to know if I am entitled to it and backpack from the time we filed.

Also, are there options I can ask the judge to put holds on or other options to ask so I can get my spouse to pay spousal support if they are withholding or denying to pay.

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2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: Without knowing any details about your case or the financial aspect of your marriage, it's impossible to say whether your request for spousal support would be granted. I'm curious why your previous counsel did not "pursue" support on your behalf. If you file a request for order for spousal support and if that motion is granted, it would be retroactive to the date you filed the motion (not the petition for dissolution). Spousal support orders can be enforced by wage assignment/garnishment.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear about your divorce and the issues with spousal support. If your spouse is withholding support, I would reiterate your concerns to your attorney and explore legal options for enforcement, such as court orders or asset holds. Legal processes take time, so work closely with your attorney to protect your rights. Best of luck during this challenging time.

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