Before you start
Before making an agreement, read about how temporary spousal support works. You'll want to know things like:
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What a judge might order if you don’t agree
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What can happen if support isn’t paid
If you have children together, it helps to try to come up with agreement about child support at the same time. The amount of child support may change what you need or can pay.
Your court’s Family Law Facilitator may be able to explain spousal support or even assist you in drafting an agreement.
How to write up a spousal support agreement
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Decide on amount and how it will be paid
How much one person will pay the other each month
Spousal support is usually a set amount each month. But, if someone’s income changes, there are other options, like having support increase one month if your spouse gets a bonus.
How long support will be paid
Temporary support ends when your divorce is final (you have a judgment). But you can agree for it to end before that.
Yes. Spousal support paid after a divorce is final is called long-term or permanent spousal or domestic partner support. There are different rules about this type of support. Find out more about long-term spousal support and how to write up an agreement.How the payments will be made
You can agree for payments to be made either
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Directly between the two of you
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Directly from the person’s paycheck (called an earnings assignment or wage garnishment)
Once you agree on all these issues, you need to write-up the agreement.
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Write-up your agreement
You can use Spousal, Partner, or Family Support Order Attachment (form FL-343) to write out the details of your agreement.
You will need a cover sheet that says the attachment is your agreement. You will both need to sign the cover sheet and have space for the judge to sign. You can use a
or find out if your court’s Family Law Facilitator has a template you can use.
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Sign and make copies of the agreement
Both you and your spouse need to sign the agreement. Then you need to make two copies.
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Take your agreement to get judge’s signature and pay fee
Unlike other forms, agreements don’t get filed right away. A judge has to sign the agreement before it can be filed. Generally, you will need to pay a filing fee.
Ask a clerk or the Family Law Facilitator
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Where to bring the agreement to get a judge’s signature
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How you get the signed agreement back
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What your fee will be
It may take several days to get the signed copy back. You may be able to pick it up in person or have the court mail it to you.
If you agreed to have the spousal or partner support paid by earnings assignment (wage garnishment), also turn in an Earnings Assignment Order for Spousal or Partner Support (form FL-435). If you also have a child support order, use Income Withholding Order for Support (form FL-195). The judge needs to sign this too.There is usually a fee to file an agreement. The fee is generally $20. If one of you hasn't paid their first filing fee ($435-$450) that person may also need to pay this fee. If you can't afford the fee, you can ask for a fee waiver.
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Get back signed agreement and give copy to your spouse
When you get back the signed agreement, it should have the judge's signature and a stamp that says "filed." It is now a court order. Give a copy to your spouse or domestic partner.
Have someone over 18, not part of your case, mail a copy of the signed agreement to your former spouse or domestic partner. Complete a Proof of Service by Mail (form FL-335). You server must sign it. File it with the court.
Have someone over 18, not part of your case, mail a copy of the signed Form FL-435 or FL-195 along with a Request for Hearing Regarding Earnings Assignment (form FL-450) to your former spouse's employer. Complete a Proof of Service by Mail (form FL-335). You server must sign it. File it with the court.
Once your agreement is filed, it’s a court order. This means you and your spouse or domestic partner must follow the order.