In In Re Marriage of MacManus, the appellate court held that the trial court properly considered the ex-spouse’s history of domestic violence in retroactively reallocating child support to spousal support.
When making an award for permanent spousal support, the trial court is required to consider and weigh the factors listed in section 4320 of the Family Code to the extent that they are related to the case. Temporary spousal support on the other hand is subject to the trial court’s broad discretion and the trial court may order any amount based on the party’s need and the other party’s ability to pay. Section 4320 directs the trial court to consider a history of domestic violence between the parties, including consideration of emotional distress resulting from domestic violence against the supported party by the supporting party where there is documented evidence of a history of domestic violence. This section also creates a rebuttable presumption against awarding support to an abusive spouse. The code further states that the criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award.
Here, the ex-spouse was incarcerated for domestic violence. After his release, the court sought to divide a trust account balance between the parties. $20,000 of the account had been set aside and distributed as child support. The court then reallocated the $20,000 amount to past spousal support. The appellate court found that the trial court properly considered the history of domestic violence as it resulted in the wife’s need and ex-spouse’s ability to pay. As a result, the wife was awarded the $20,000 as spousal support, therefore making ex-spouse responsible for monthly child support, in addition to the $20,000 for spousal support.
There are many factors that the court considers when awarding spousal supporting including any domestic violence. Therefore, it is important to retain the services of a knowledgeable Los Angeles spousal support family law attorney to advise you of the law and protect your interests. Wallin & Klarich has more than 30 years of experience in family law. If you are thinking of hiring an attorney for a mediated divorce, call us today at 1-888-749-7428 for a consultation or visit us on our website at www.wkfamily.com. We will be there when you call.
