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San Diego, California, Divorce Attorneys
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Spousal Support
Obligation to Pay Spousal Support
In California, married persons have a right and an obligation to support each other during their marriage. Depending upon numerous factors taken into consideration by a court in a dissolution case, this obligation may extend beyond the marriage.
Spousal Support Factors
California statutes set forth a long list of factors considered in determining spousal support. Included are such things as:
- The age and health of the parties
- Their education and training
- Their length of time in the workforce
- Duration of the marriage
- Differences in earning ability
- Expenses of each party
- Tax consequences of any award
- Other economic factors.
A judge must also make a decision as to the duration and amount of support. Because California has not adopted guidelines for the determination of spousal support as it has for child support, the question of spousal support can be a real source of contention between the parties. Because determining spousal support is one of the most contentious issues in divorce, you need the advice and assistance of a lawyer familiar with California family law to protect your interests. Contact the experienced attorneys at Merker & McDonald in San Diego today.
Temporary Spousal Support
During the period between filing a petition for dissolution of marriage and the final judgment, a spouse may request, and the court may make an order for, temporary support based on the same factors considered in making a final support award. A temporary order will not affect the final order.
Modification of Support Order
Unlike property division orders, an order for spousal support may be modified upon a determination of necessity. Changes in circumstances, such as unemployment or disability, are considered on motion for modification of spousal support.
Domestic Violence and Spousal Support
California law provides for rebuttal of the presumption; a spouse convicted of domestic violence against the other spouse within the past five years should not be awarded support from the injured spouse. And, if a spouse has been convicted of attempted murder of the other spouse, the injured spouse, whether actually injured or not, will not be required to support the attempted murderer.
Contact a Lawyer
Spousal support is often one of the most contentious issues in divorce, but an attorney familiar with California family law can work with you to ensure your interests are protected. Contact the experienced attorneys at Merker & McDonald in San Diego today.
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