Temporary Spousal Support Appeal
A little background on temporary spousal support helps to understand how a San Diego & greater California temporary spousal support appeal arsis. A variety of interim, ‘temporary’ orders (also referred to as ‘pendente lite’ relief) may issue in domestic relations proceedings pending trial and ultimate judgment. Pending final resolution of your San Diego or greater California support case, the court may order one spouse to support the other, and either or both parents to pay “any amount necessary” for support and maintenance. The order is based on need and is not an adjudication of any of the issues in the litigation. A temporary support order is operative from the time of pronouncement, and it is directly appealable.
There are fundamental differences in the functions and purposes of pendente lite support and permanent support orders. Permanent spousal support provides financial assistance, if appropriate, as determined by the financial circumstances of the parties after their dissolution and the division of their community property. Temporary spousal support in San Diego and California is utilized to maintain the living conditions and standards of the parties in as close to the status quo position as possible pending trial and the division of their assets and obligations. The support award is usually obtained soon after the filing of the petition and before any final determination on the various issues in the dissolution. Temporary support is intended to assure a spouse substantially the same living conditions to which he or she has been accustomed pending final judgment.
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Dennis Temko, Esq.
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The San Diego or greater California temporary spousal support appeal begins when either the supported or supporting party is unhappy with the temporary support order. The first step is to determine whether an appeal is worthwhile (appealability arguably is also a first step, but more on that later.) Trial courts fashion orders all the time that to you, I, or even the Court of Appeal consider mistaken. However, these mistaken decisions do not produce a wave of child support appeal reversals. Whether the mistake in your case will merit a reversal demands the mistakes view in light of the abuse of discretion standard. As a San Diego based appellate attorney I can evaluate errors to attack in your temporary spousal support appeal that are not only mistakes, but also reversible as an abuse of the court’s discretion. Another step I alluded to earlier is to determine if you can appeal at all. The Court of Appeal reviews some error only by writ or the adverse decision you wish to appeal in not yet ripe.
The above is a short description of the temporary spousal support appeal process. I handle temporary spousal support appeals from San Diego as well as the greater
Viewing the presentations, articles, other content, or contacting me/you through my web site does not establish an attorney client relationship. I will not file a notice of appeal nor calculate the time in which a notice of appeal must be filed by until I have received a signed retainer agreement. Warning, the time from which to file a notice of appeal is statutory. The time in which you have to appeal may pass between when you first contact me and when an attorney client relationship is formed upon when I receive a signed retainer agreement . Until a retainer agreement is signed and received by me, it is YOUR responsibility to insure your appeal is filed within the statutory period. The articles on this website are not legal advice and should not be used in lieu of an attorney. The accuracy of articles and information on this site cannot be relied upon.