Spousal support may be awarded to a spouse in cases of Legal Separation, Annulment, Divorce and/or Domestic Violence cases.
TYPES OF SPOUSAL SUPPORT / CALCULATING SPOUSAL SUPPORT
Temporary Spousal Support - Temporary spousal support may be awarded during pendency of actions such as divorce or domestic violence. At the end of such actions, permanent support is usually awarded.During Temporary Spousal Support, most courts use a formula to determine what the temporary support should be.
Permanent Spousal Support - The courts usually use California Family Code Sections 4320 factors to detrmine what the permanent spousal support should be. Following is brief list of factors that the courts may use to determine what the permanent spousal support should be :-
1. The length of the marriage or domestic partnership;
2. What each person needs based on the standard of living they had during the marriage or domestic partnership;
3. What each person pays or can pay (including earnings and earning capacity) to keep the standard of living they had during the marriage or domestic partnership;
4. Whether having a job would make it too hard to take care of the children;
5. The age and health of both people;
6. Debts and property;
7. Whether 1 spouse or domestic partner helped the other get an education, training, career, or professional license;
8. Whether there was domestic violence in the marriage or domestic partnership;
9. Whether 1 spouse’s, or domestic partner’s, career was affected by unemployment or by taking care of the children or home; and
10. The tax impact of spousal support (note: federal and state tax laws have not been changed to recognize domestic partnerships).
CALL US TODAY AT 559.312.0083 TO SET UP AN APPOINTMENT TO DISCUSS YOUR RIGHTS UNDER SPOUSAL SUPPORT LAWS OF CALIFORNIA.