Friday, October 10, 2008

California Spousal Support Questions

As a family law attorney one of the main questions that I get is how much money will have to pay for spousal support? The simple answer is that California has a formula that is used to determine that. The long answer is there are a lot of factors that contribute to that. I will attempt to give you some basic information here on my blog as well you can visit my firms website. With that in mind the best way is for you to call my office for a FREE consultation and we can discuss.

Most people who earn more than their spouses are aware that in the event of a divorce they most likely will owe some level of spousal support, formerly called alimony, to the lower income earning spouse. They may not know the amount or the duration but they are aware of the risk. As an example, I recently had a consultation with a client and I went over the details of how spousal support is calculated. We ran the support numbers for him and we discussed the factors that go into calculating spousal support. Based on his information I was prepared to give him a number until he brought up the fact that his wife had been convicted of domestic violence against him.

This is a classic example that a man who is a high earner, as in this case, is somewhat resigned to the idea of paying spousal support and does not necessarily considered his wife’s domestic violence as an important issue to bring up immediately. Women who are the victims of domestic violence will be much more likely to bring it up immediately, most likely because they want a restraining order. Men may feel like they can protect themselves so they do not feel they need a restraining order. With that being the case, domestic violence is a key factor in determining spousal support. If a spouse has been convicted of domestic violence against the other spouse within the last five years then under California law there is a presumption that the injured spouse should not have to pay spousal support to their abuser. Therefore my consultation would have a good case to make to the court that even though he would normally owe spousal support that he should not have to under these circumstances because of his wife’s criminal conviction of domestic violence against him.

This is just one example of something that effects spousal support. This is why I encourage you that if you have any questions about spousal support or domestic violence or any other family law issue then please contact my family law office toll free at 866- 930-1949 or visit our family law website to schedule a free consultation at the office location nearest you. We have offices in throughout the Inland Empire as well as Orange County California.