Spousal support is subject to considerable discretion by the court, it is imperative that you have a family lawyer by your side to ensure a fair award.
An award is not mandatory in dissolution or legal separation proceedings in California. The courts have discretion, within the statutory parameters, to deny spousal support altogether or to limit it in an amount and duration that reflects the ability of both parties to provide for their own needs.
In approaching the weighing process, the courts will take various factors into consideration. Here are the factors from Family Code § 4320 that the judge is to consider in awarding support pursuant to a judgment:
Your lawyer can go over each of these factors and how each will impact the award in your divorce proceedings in more detail.
If the supported party is no longer in need, or a detrimental change in the obligatory party’s needs or ability to pay outweighs the others need for support, proceedings to eliminate or reduce support can be brought on the basis of “changed circumstances.” You will need the help of a family lawyer to effectively pursue a modification of orders.
If you are divorcing or ending a domestic partnership, you may be entitled to spousal support or obligated to pay it. Divorcing clients often ask their lawyer to assess how much support a court will order.
Temporary (pendente lite) spousal support is generally ordered in order to preserve the status quo. Temporary spousal support differs from “permanent” or long-term spousal support awarded in a judgment. To set long-term spousal support, the judge must follow and consider the Family Code § 4320 factors set forth below.
Generally speaking, it is up to the judge’s discretion how much temporary spousal support is appropriate. Temporary spousal support may be based on need and ability to pay. Marriage of Tong & Samson (2011). Judges are entitled to rely on computer software programs such as Dissomaster in setting temporary spousal support.
Determining the amount and duration is not an exact science. California statutes provide a list of factors that the judge will consider. But the judge has discretion in coming up with the final figure. A court may order support in any amount for as long as the court deems just and reasonable based on the standard of living that the parties had during their marriage. Family Code § 4330.
In countless cases, the courts have addressed the complexities and issues involved in spousal support. Below are some of the cases that you may find informative. Citations have been omitted. The law is subject to change and cases set forth below must be checked for updates. Check with legal counsel as to applicability of the cases to your particular facts.
Making arguments to a court that you deserve spousal support is a challenging task with the assistance of a well versed.
The above information is not intended as Legal Advice, but it is intended for general
education purposes only. If you need answers to specific questions and feel that you
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