How are Disputes Regarding Spousal Support Resolved in North County?

Pierre Domercq Uncategorized

How are disputes regarding spousal support resolved in North County divorce cases? How is spousal support determined in a Carlsbad, Vista, Oceanside, Escondido or Encinitas divorce case?
Here in California child support guidelines provide very specific formulas to determine when support is to be ordered and how the amount of support should be calculated. The California family law code does not provide the same formulas for the merit of or amount of spousal support in a North County divorce case.
The law actually provides several complex factors to be evaluated by our North County courts in order to determine if spousal support should be ordered and the amount of spousal support. These include but are not limited to:
The lifestyle enjoyed by the couple during their marriage
The ability to find gainful employment
Age, health and education of the parties
The length of the marriage
Working to support a spouse as they complete education or professional certification
Giving up a career to raise children and support the household
The division of child custody and parenting time as well as any child support to be paid
The length of the marriage will also have a significant impact on the amount of spousal support and the duration of the support payments themselves. Generally speaking, the longer the duration of the marriage the more likely spousal support may be for one of the parties.
Basically the Court will usually attempt to ensure that both parties are generally positioned to experience the same lifestyle after the marriage and are on somewhat of an equal footing. In some cases, the Judge will issue a “Gavron Warning” which instructs the party receiving support to gain the education or work experience necessary to be self-sufficient within a specific time frame.
The experience and expertise of your divorce attorney will have a significant impact on spousal support issues in your Carlsbad or North County divorce case. We invite you to review the recommendations of our clients and the legal industry and contact Burke & Domercq or call 760-712-3741 to schedule an appointment with one of our experienced North County divorce and spousal support attorneys.