All videos are provided for informational purposes only. Some videos are primarily California focused. Content is not intended for and should not be construed as legal advice. Servicing Only San Diego County - If your family law case is in San Diego County, please contact the Men's Legal Center. If your family law case is outside of San Diego County, please contact a licensed attorney in your area.
Untying the Knot is brought to you by the Men's Legal Center and was created to be an information resource to anyone going through a family law and divorce process. Each video is produced by a California Certified Family Law attorney and his team who each have decades of knowledge and experience.
If there is a large discrepancy between the spouse at the time of separation, the
lower-income spouse may be entitled to spousal support. In California, the law triages
marriages into short-term (under 10 years) and long-term (over 10 years) marriages.
There are two unusual points about spousal support in short-term marriages: (1)
The court is allowed to use a Guideline Software and (2) the spousal support will last
half the length of the marriage. The court is entitled to use California Support Guideline
software to calculate temporary support but not for Support at the time of trial.
At the time of trial or post-trial modification, the judge must do a more nuanced
analysis using the many factors listed in Family Code 4320 such as the health of the
parties, their marketable skills, and individual assets. Second, in short-term marriages,
the court will award support for half the length of the marriage.
Often the payor in short-term marriages is prejudiced by the mechanistic use of
Guideline Software in awarding temporary support. Often the family court, for efficiency,
will automatically make the temporary support level, the payment level for half the
length of the marriage. The mechanistic use of the Guideline Software does not tell the
whole story. The supported spouse may have marketable skills that have not been
exploited or may have gone to school during the marriage. A Family Code 4320
analysis is more equitable to both parties.
In a long-term marriage, the court is not authorized to issue a termination date to
the spousal support payments barring an agreement between the parties. Depending on
the age of the recipient, if the support recipient does not have marketable skills, the
payor needs to push for the recipient to put together a training program to become self-
supporting.
It is better for both parties to face this issue of the recipient obtaining marketable
skills sooner rather than years later. The payor should ask the family court to order a
vocational evaluation asap especially if the supported spouse has been out of the
workforce for several years.
-----------------------------------------------------------------------------------------------------------
RESOURCES & LINKS
-----------------------------------------------------------------------------------------------------------
► If you are in San Diego County and would like a FREE case review on a Family Law matter please go here: www.menslegal....
► Learn more about the Men’s Legal Center here: www.menslegal.com
-----------------------------------------------------------------------------------------------------------
CONNECT WITH US ON SOCIAL MEDIA
-----------------------------------------------------------------------------------------------------------
► Instagram: / menslegalcenter
► Twitter - X: / menslegal
► Facebook: / menslegalcenter
► TikTok: / menslegal
► LinkedIn: / 2224169
25 окт 2024
