I am supposed to provide spousal support prior to a divorce? 15 Answers as of April 01, 2011

I am in the middle of a divorce now. My wife has never requested any type of pre divorce support, but now wants support back dated to the date she filed. Is there an automatic amount I'm supposed to be paying her without a court order?

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Not Automatic, and you are entitled to prove past support that you have provided. However, you are typically required to maintain the "status quo" until the final divorce order.
Answer Applies to: Alabama
Replied: 4/1/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
There is ordinarily no obligation to pay temporary maintenance until such time as a Court orders it. Usually that means only after the date the other spouse has requested support from the Court. The amount of temporary maintenance varies according to the needs of the requesting spouse and the ability to pay of the other spouse, as well as the normal standard of living the parties previously enjoyed. Good luck.
Answer Applies to: New York
Replied: 4/1/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
Hopefully you can pay an amount that will meet the household expenses and have been giving her something. If you have then you can claim a credit for those amounts against what she is claiming. However she can only claim back as far as when she filed a motion for such expenses, not the date she filed for divorce. If you wish to discuss further let us know.
Answer Applies to: Connecticut
Replied: 4/1/2011
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
There is very little in Washington marriage dissolution(divorce) law that is "automatic." Most property, debt, maintenance and sometimes child support issues are dependent to some extent on each other and what happens with those issues. A very smart attorney I know, Karen Vache, says it's like a constantly spinning circle - you just have to jump on and tackle which ever one you land on - but what you do in one of these areas can effect the other issues. So, as for your concern, potentially your wife can get what she's requesting and potentially not. Issues that you might want to look at first are 1) the amount of child support if any 2) the property/debt division 3) your future living costs and earning capacities 4) whether any maintenance is warranted 5) the amount of bills, etc. you paid during the period she's interested in and 6) her real needs during that period and why she didn't work or work more during that period and after all that, is there any ability to go back and pay support and meet the earlier mention demands on your money. It's kinda complicated and far from "automatic."Good luck.
Answer Applies to: Washington
Replied: 3/31/2011
Law Office of Martin Blank
Law Office of Martin Blank | Martin E. Blank
You are not obligated to pay any support without a court order. The court should not order support going back to any date prior to the date she filed a pleading asking for support.
Answer Applies to: Michigan
Replied: 4/1/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    No. You need to hire an attorney to represent you and protect your rights and assets. You can call our office today to schedule an appointment for a free 30 minute consultation to discuss the specifics of your case.
    Answer Applies to: Illinois
    Replied: 4/1/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Your wife can most likely obtain an order for Child Support retroactive to the date the Petition was filed pursuant to Family Code Section 4009, but she cannot obtain an order for Spousal Support retroactiveprior to the date she files her Order to Show Cause for Temporary Spousal Support, and some judicial officers don't retroactivity retroactivity of Spousal Support prior to the hearing date,others don't order retroactivity prior to the date of service of that OSC, andothers don't order retroactivity prior to the 1st or 15th of the month (whichever comes earlier) following service of that OSC.
    Answer Applies to: California
    Replied: 4/1/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    You do not have to pay anything without a court order. However, when the Judge makes the Order, he or she can make it retroactive to the time your spouse filed the motion requesting the support. So you might be 3 or 4 months behind at that point. (The Judge will not make it retroactive to the date your spouse filed for the Divorce only to the date she filed an Order to Show Cause requesting support).
    Answer Applies to: California
    Replied: 4/1/2011
    The Sampaio Law Firm, PA
    The Sampaio Law Firm, PA | Sasha M. Sampaio
    No, there is no automatic amount. Temporary support while the divorce is pending must be awarded by the court.
    Answer Applies to: Florida
    Replied: 4/1/2011
    DiManna Law Office, LLC.
    DiManna Law Office, LLC. | Dawn DiManna
    There is no automatic amount. In NH spousal support is based on whether it is a long term marriage, whether she has a need and you have the ability to pay.
    Answer Applies to: New Hampshire
    Replied: 4/1/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    No. there is no "automatic" amount to pay prior to a request via a motion with the court to establish temporary spousal support. It would be best for you to contact a local family law lawyer and provide him/her with the necessary income data of each party, as well as certain allowable deductions, to come up with the "guideline" spousal support number you may be exposed to pay.
    Answer Applies to: California
    Replied: 3/30/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You need a divorce attorney. Please do not do anything until you get a lawyer to help you to deal with all of the issues in your divorce. Give me a call, make an appointment to come see me, and let's get moving on this for you.
    Answer Applies to: New Jersey
    Replied: 3/30/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    There is no requirement that one side pay the other, absent a request for it. The court is highly unlikely to order retroactive support (although it is technically possible). If you are in my area, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 3/30/2011
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