Spousal Support

Spousal SUPPORT or partner support

Courts use the California Support Guidelines calculator or Dissomaster program for calculation of temporary support orders in each case. However, it is my experience that at times use facts of each case and their discretion considering all existing factors in adjusting the amount of the temporary spousal or partner support.

Meanwhile, for long term orders for spousal support or partners support the California Family Code Section 4320 requires the court to consider a variety of important factors including but not limited to, the following factors:

The length of a marriage or domestic partnership

The need of each spouse or partner based on the lifestyle or standard of living during the marriage or partnership

The age and health of both spouses or partners

Whether one spouse or domestic partner helped the other get an education, training, career, or professional license

Education, skills, work experience, and job market of each spouse or partner for evaluation of an earning capacity as each spouse or partner shall become self- supporting

Whether there was domestic violence in the marriage or domestic partnership

Number of minor children and whether one’s career was affected by unemployment or by taking care of children by staying at home

Whether having a job would make it too hard to take care of the children

Assets and debts of the community or the partnership

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

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

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

Any other factors the court determines are just and equitable

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