CALIFORNIA SPOUSAL SUPPORT FACTORS
(This is from one of my other blogs, law is all online)
Many clients do not understand the rules re spousal support. Some believe they will never get anything, and some believe they are entitled to everything?!
When it comes to spousal support, ---it's usually the husband having to support the wife in most cases, but not all. The Court (and you) should consider all of the following circumstances according to FC4320:
The extent to which each party's earning capacity is sufficient to maintain the standard of living established during the marriage, taking into account FC4320(a)(1),(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 the family
The extent to which the supported spouse contributed to the attainment of an education, training, a career position or a license by the supporting spouse FC4320(b)
The supporting spouse's ability to pay, taking into account his or her earning capacity, earned and unearned income, assets, and standard of living FC4320(c)
The needs of each party based on the standard of living established during the marriage FC4320(d)
The obligations and assets of each party, including separate property FC4320(e)
The duration of the marriage FC4320(f)
The supported spouse's ability to be employed without interfering with the interests of any dependent children who are in his or her custody FC4320(g)
The parties' age and health FC4320(h)
Documented evidence of any domestic violence, including consideration of emotional distress from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence by the supported party against the supporting party FC4320(i)
The immediate and specific tax consequences to each party FC4320(j)
The balance of the hardships to each party FC4320(k)
The goal that the supported spouse shall be self supporting within a reasonable period of time FC4320l
The criminal conviction of an abusive spouse and the reduction or elimination of any award to an abusive spouse under FC4325 [FC4320(m)]
Any other factors that you determine are just and equitable FC4320(n)
Note: "any other factors" kind of leaves the door wide open if you ask me?!
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The extent to which each party's earning capacity is sufficient to maintain the standard of living established during the marriage, taking into account FC4320(a)(1),(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 the family
The extent to which the supported spouse contributed to the attainment of an education, training, a career position or a license by the supporting spouse FC4320(b)
The supporting spouse's ability to pay, taking into account his or her earning capacity, earned and unearned income, assets, and standard of living FC4320(c)
The needs of each party based on the standard of living established during the marriage FC4320(d)
The obligations and assets of each party, including separate property FC4320(e)
The duration of the marriage FC4320(f)
The supported spouse's ability to be employed without interfering with the interests of any dependent children who are in his or her custody FC4320(g)
The parties' age and health FC4320(h)
Documented evidence of any domestic violence, including consideration of emotional distress from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence by the supported party against the supporting party FC4320(i)
The immediate and specific tax consequences to each party FC4320(j)
The balance of the hardships to each party FC4320(k)
The goal that the supported spouse shall be self supporting within a reasonable period of time FC4320l
The criminal conviction of an abusive spouse and the reduction or elimination of any award to an abusive spouse under FC4325 [FC4320(m)]
Any other factors that you determine are just and equitable FC4320(n)
Note: "any other factors" kind of leaves the door wide open if you ask me?!
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The Dad's Car !
The Mom's Car?
*Let's say this: If YOU get a particular reaction just out of looking at pictures
of two different cars,
imagine what could be done with court exhibits at trial??
Litigation involving spousal support can be affected by how your attorney sets up the case. Some attorneys simply do not exert a lot of effort and will just want to settle the case, the better attorney will realize all of the data in the case can make a HUGE difference, and that settling the case may not actually be helpful strategy wise? (If you do not understand this, don't worry.)
Using all of the above factors, attorney can assess the potential liability, the possible outcomes, and the known propensity of various judges to determine the strategy needed for best outcome.
Attorney herein has strategy tactics, and uses them, in order to obtain superior results. Provable at that! Difficult fact patterns call for those who can think outside the box!
If you need an affordable attorney, please consider that it's better to get more than you paid for, than to pay too much-- and still lose your case!
