What happens to spousal support when a child is emancipated? 6 Answers as of June 17, 2011

When supported child becomes emancipated, does spousal support increase, if so, why, and by how much. Wwe were married fo 25 years. Also is there a set time limit as to when receiving spouse should resume normal work.

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Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
You have to ask for an increase.
Answer Applies to: California
Replied: 6/17/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Your spousal support should increase because your ex-spouse is now not receiving a deduction for the child support he was paying. However, you did not provide any income information so how could anyone calculate support? Support is not based on the number of years you were married. The length of the marriage affects the duration of spousal support. Any marriage ten or more years is 'long term'. After twenty-five years, your ex-husband might have to pay support for the rest of your life. There is not set time limit for a spouse to become self-supporting. The matter can be litigated at any time. On the other hand, support is not likely to be terminated any time soon.
Answer Applies to: California
Replied: 6/16/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Likely, nothing will happen to spousal support if your child becomes emancipated, other than becoming of age. However, until January 1, 2014, if child support terminates pursuant to Family Code Section 3901(a) [i.e, if your unmarried child turns 18, or is a full-time high school student, is not self-supporting, and completes the 12th grade or attains the age of 19, whichever occurs first], then pursuant to Family Code Section 4326, your ex-wife can file a Motion to modify spousal support upwards no later than six (6) months from the date the child support order terminates (with certain statutory exceptions). That code section may later be extended, or it may expire on December 1, 2013, as the legislature deems appropriate. There is no particular time limit as to when your ex-wife should become self supporting, but you could request that the Court issue a Gavron warning, if one has not been issued to your ex-wife already. Your terminology "should resume normal work" implies that your ex-wife previously had a normal job. At such time as you deem that your ex-wife should have "resumed normal work", you could file a Motion to terminate or modify spousal support (downwards), to have the Court issue a Gavron warning (if she wasn't so warned previously), and to have your ex-wife examined by a Vocational Training Consultant, in an effort to adduce evidence that income should be imputed to your ex-wife by the Court, with the intended result of minimizing or terminating her spousal support.
Answer Applies to: California
Replied: 6/16/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
No, spousal support will not be increased when the child becomes emancipated. In fact, if there is no longer a minor at home, then there may be cause to lower the spousal support. It is the goal for all courts that each party be self supporting. There are many factors that a court will look at to determine when a spouse should resume work. A court will look to see the last time that the supported spouse was employed, if they are in school or making steps to become self supporting. You should contact an attorney to discuss the facts relating to your specific case.
Answer Applies to: California
Replied: 6/16/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
Unless there is something in your order which automatically increases spousal support, then no it doesn't increase. You may be able to file for a modification, but the terms of the agreement, length of time it has been in place, and relative current earnings are all relevant factors. There is no set time for receiving spouse should find work, but in California, the supported party must find work within a "reasonable time". It is fact dependent.
Answer Applies to: California
Replied: 6/16/2011
    The English Law Firm
    The English Law Firm | Robert English
    Generally, if you stop paying child support, then there is more money available for spousal support so it could be increased. A 25 year marriage is a long term marriage and could result in lifetime support. The court would need to determine if there was a basis for terminating support.
    Answer Applies to: California
    Replied: 6/16/2011
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