Spousal Support
The idea behind Spousal Support is to allow the spouses to maintain a similar lifestyle to that experienced during the parties’ marriage. This is accomplished by Temporary Spousal Support and Permanent Spousal Support. The Temporary Spousal Support is generally requested during the divorce proceedings and based upon the parties’ income and expenses. The Court’s discretion in this area is broad and it is vital that you have an advocate to protect your interest in this regard.
Permanent Spousal Support is determined after a hearing using fourteen separate factors set forth in Family Code, Section 4320 and including issues such as need and ability to pay; length of the marriage; earning potential; standard of living, education, work experience; health, age; other similar issues and balancing factors related to the division of marital assets will all be considered. The Court will then take this information and use its discretion to determine the amount of support and its duration.
If Permanent Spousal Support was not determined prior to or through the Judgment, a Post Judgment Modification request will require a Court hearing to determine the support amount and duration.
The factors in addressing the issue of Spousal Support can be quite complex especially if one party is not currently and/or has not worked outside of the home. The possibility of a vocational examination must be addressed as is the issue of imputation of income. The Law Office of Kerri Lynn Anderson is experienced in dealing with these type of issues and looks forward to representing your interest in establishing and/or modifying Spousal Support.
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