Alimony & Palimony–Spousal Support Investigations
Are you considering separation or divorce? If so, the law gives you rights, rights you may have to fight for, but knowing that our firm is on your side gives you powerful leverage. Understanding the law and knowing how a private investigator can help you, is a step in getting what is rightfully yours.
What’s the difference in spousal support and partner support? One is called alimony and the other has a slang term called palimony. Alimony is a support program that the courts can issue during divorce proceedings. Palimony, a term coined by a lawyer in the 70’s, is not technically recognized in many courts, but California does hear palimony matters.
HOW A PRIVATE INVESTIGATOR CAN HELP YOU IN A SPOUSAL SUPPORT MATTER
IT'S THE LAW
California Family Code Section 4320 states in part that depending upon your earning capacity, current earnings and marketability, that maintenance support may be availed to you.
How a Private Detective Can Help
We help our clients' gain leverage. We assist our private clients and attorneys validate key information to ensure that you have facts to present your case. Perhaps the other partner is lying about income, working under the table, not working, injuries, money in the bank, or cohabitation.
If they are lying, we can find out. Don't let your former partner/spouse use deceit to gain the upper hand. Don't let them win!
FINANCIAL INVESTIGATIONS DURING A SPOUSAL SUPPORT MATTER
We can locate necessary information that dispels myths and lies. Commonly, spouses' will lie about their financial situation. We find the following:
Jobs - Current and past employment to set standards
Banking Information - We can find accounts in their personal names and shell company names
Injuries - Many say they cannot work due to injuries. We can validate that for our client
COHABITATION INVESTIGATIONS IMPACT SPOUSAL SUPPORT
Also a consideration is cohabitation. Are they living with a new boyfriend/girlfriend or spouse? If so, then perhaps you do not need to pay as much spousal support as you are paying. We have had many complex cases where we have proven cohabitation thus helping our clients eliminate huge chunks of liability.
ALIMONY & PALIMONY—WHAT'S THE DIFFERENCE?
Spousal or partner support is also known as palimony and alimony. Understandably, they sound similar, and they are but with some distinct differences.
Palimony is not technically a legal term. A lawyer in the 1970's coined the term and it has stuck. It is similar to alimony but is for partnerships that are unmarried. Because palimony is not legally governed each case that can be established may have varying degrees of consideration. California is a state in which many palimony cases have been made and heard by the court system.
Alimony is a legal term, but by-in-large, it is now known as Spousal Support. The difference between alimony and palimony is that alimony is a support system if you were legally married at the time of your divorce proceedings.
FAMILY CODE SECTION 4320
In ordering spousal support under this part, the court shall consider all of the following circumstances:
(a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following:
(1) The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment.
(2) The extent to which the supported party’s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties.
(b) The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.
(c) The ability of the supporting party to pay spousal support, taking into account the supporting party’s earning capacity, earned and unearned income, assets, and standard of living.
(d) The needs of each party based on the standard of living established during the marriage.
(e) The obligations and assets, including the separate property, of each party.
(f) The duration of the marriage.
(g) The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party.
(h) The age and health of the parties.
(i) All documented evidence of any history of domestic violence, as defined in Section 6211, between the parties or perpetrated by either party against either party’s child, including, but not limited to, consideration of:
(1) A plea of nolo contendere.
(2) Emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party.
(3) Any history of violence against the supporting party by the supported party.
(4) Issuance of a protective order after a hearing pursuant to Section 6340.
(5) A finding by a court during the pendency of a divorce, separation, or child custody proceeding, or other proceeding under Division 10 (commencing with Section 6200), that the spouse has committed domestic violence.
(j) The immediate and specific tax consequences to each party.
(k) The balance of the hardships to each party.
(l) The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a “reasonable period of time” for purposes of this section generally shall be one-half the length of the marriage. However, nothing in this section is intended to limit the court’s discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties.
(m) The criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award in accordance with Section 4324.5 or 4325.
(n) Any other factors the court determines are just and equitable.
HOW MUCH DOES A SPOUSAL SUPPORT INVESTIGATION COST?
Spousal investigations start at just $950. Of course, this will largely depend on the complexity of your matter, how many lines of service you require and time it takes.
Our $950 price is for certain services and each bullet point is a single service and each costs $950. This includes:
Locate address, and possible cohabitants (2 day turn-around)
Trash dig 2 times to gather garbage legally and look for signs of cohabitation
Background investigation on cohabitant
Surveillance for up to 10 hours on subject’s residence to help prove cohabitation
Asset investigation to show clients potential assets (2 day turn-around)
Call me now to speak to a licensed private investigator and learn how we can help you. (888) 867-6788 or send us a message.
ABOUT US: We are legal private investigators in California aiding our clients in the investigation of integrity of people and processes. Our California private investigation detectives are well versed in the discreet art of undetectable investigations.