Spousal Support in California—How is it Decided?

The family court in California looks at many factors when determining the amount of spousal support that needs to be paid, and how long it’s supposed to go on for.

Because the court has a lot of power when it comes to setting spousal support, your family law attorney has to provide ample evidence to make your case.

The court will look at the following factors:

Earning Capacity of Spouses

The court will look at the earning capacity of both spouses and determine whether they have the money to maintain the lifestyle they established while married.

They’ll assess the supported party’s skills and qualifications to see if they can find a job and earn for themselves. If the supported party lacks education and training, the court will take into account the cost of getting educated and trained.

The court will consider the amount of time the supported party devoted to their domestic duties when they could have been earning.

The Duration of the Marriage

The duration of the marriage plays a significant role in deciding how much spousal support you need to pay. Generally, the longer the marriage, the more spousal support you’ll have to pay.

The Ability to Work While Looking After Kids

If a parent can’t work because they have to look after their kids, the family court will likely increase the spousal support amount.

Each Partner’s Obligations and Assets

Each partner may have particular obligations, such as caring for an elderly parent and paying child support. These obligations have an impact on their expenses; therefore, the court will take it into consideration.

The Health and Age of Both Parties

Older individuals who may retire and have limited income will have to pay less than young divorcees who make a good living.

History of Domestic Violence

If there has been any form of domestic violence during the marriage, whether it’s physical or emotional, the family court will ensure the harmed spouse is compensated for it in the form of spousal support.

Tax Obligations

The court will look at both party’s tax obligations before coming up with an amount to pay.

Length of Spousal Support

Generally, spousal support needs to be paid for half the duration of the marriage; however, the court will look at all the above-listed factors, and more before determining the exact duration.

In some cases, spousal support can last a lifetime.

If you’re looking for a family law attorney in Chico, CA, to prove neglect in a child custody case, get in touch with Marquez Law Offices. We can help your child custody and visitation case, and help you secure spousal support.

Contact us for more information.

 

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