When filing for a divorce or a legal separation in Orange County, you and your attorney should know what kind of power the court has in determining temporary spousal support. An experienced Orange County family law lawyer at Wallin & Klarich will know how the court will determine temporary spousal support and provide you with the proper legal advice.
In divorce and legal separation proceedings, prior to entering a final judgment that determines spousal support, the court may order one party to pay temporary spousal support to the other party. The trial court has broad discretion to set the amount of temporary spousal support. (IRMO Blazer (2009) 176 Cal.App.4th 1438, 1442.) When determining temporary spousal support, the trial court will apply the guideline formula to calculate support based upon each party’s stated average monthly income. When the court applies the guideline calculation for temporary spousal support, it will use a special computer program—the same program that calculates child support. However, the court does have discretion to order a lower temporary spousal support amount than the guideline amount.
In a recent case, a husband and wife married in 2007 and separated in 2008. In 2011, the wife filed a motion for temporary spousal support. In her Income and Expense Declaration, the wife claimed an average income of $1,800. The husband, on the other hand, claimed and average monthly income of $7,643 in his Income and Expense Declaration. Additionally, the husband argued that the wife lied about her average monthly income but presented no evidence. Based on the established guidelines, the court applied the amounts presented in each party’s Income and Expense Declarations and awarded wife temporary spousal support in the amount of $1,699.
It is important that your attorney presents the court with all the important and vital evidence when determining temporary spousal support, especially if you believe the other party is lying about their average monthly income. Wallin & Klarich has experienced Orange County family law lawyers who can help you with your spousal support issues. If you have questions or concerns about your case, call us today at 888-749-7428 to speak with a lawyer.
