Spousal Support is an issue in every divorce. Therefore, it is important for you to have an attorney who understands the issue of spousal support, including how it is calculated and what a judicial officer will consider when making a spousal support order. The California spousal support attorneys at Wallin & Klarich are on your side and can help you get the best possible spousal support order under the circumstances.
California Family Code Section 4320
Spousal support is not like child support in that the rules are different, but also the purpose and policies are different. The basis for ordering child support is in the best interest of the child. But for spousal support, it can serve many purposes and functions that depend on the facts and circumstances of your case.
In California, the spousal support statute is Family Code Section 4320. This statute lists several factors that must be considered by the judicial officer. These factors also demonstrate the policies behind spousal support. These policies include that of subdivision (l), which states that the goal for each party will be to become “self-supporting within a reasonable period of time.” It is important when arguing the issue of spousal support before the court that your attorney makes certain that the judicial officer considers each factor and policy within Section 4320.
Recent Spousal Support Case
Recently, the issue of spousal support came before the California Appellate Court. The Appellate Court overturned an Orange County judge stating that the “trial court abused its discretion in making a spousal support award” ordering a wife who earned $251 a month to pay spousal support to a husband who earned $8,088 a month. The Appellate court went on to say that the trail court abused its discretion by failing to take into account the particular facts and circumstances of the parties after the divorce.
In following the factors and policies behind the California spousal support statutes, the Appellate Court found that the husband “has excellent skills, political connections, two houses free and clear, no periods of unemployment, good assets, good health, a great career, and is self-sufficient.” The Appellate Court went as far as to say that the husband in this case “is pretty much the last divorcing spouse who should receive spousal support.” Based on all of these facts and circumstances, the court overturned the trial court’s decision that the wife has to pay husband spousal support.
Call the California Spousal Support Attorneys at Wallin & Klarich
If you are dealing with the stress of a divorce, you deserve an attorney who is skilled and knowledgeable in the factors and case law involving spousal support. You need a hands-on spousal support attorney from Wallin & Kalrich. Our attorneys are on your side and can ensure that you get a fair spousal support order. You want a spousal support attorney who will fight for you.
We have offices in Los Angeles, Orange County, Riverside, San Bernardino, San Diego, Victorville, West Covina, Sherman Oaks, Torrance and Ventura. Call us today at (888) 749-7428. We will be there when you call.