CALIFORNIA SPOUSAL SUPPORT FACTORS

When it comes to spousal support, ---it's usually the husband having to support the wife in most cases, but not all.  The Court (and you) should consider all of the following circumstances according to FC4320:

The extent to which each party's earning capacity is sufficient to maintain the standard of living established during the marriage, taking into account FC4320(a)(1),(2)

The extent to which the supported party's present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote tiem to the family

The extent to which the supported spouse contributed to the attainment of an education, training, a career position or a license by the supporting spouse FC4320(b)

The supporting spouse's ability to pay, taking into account his or her earning capacity, earned and unearned income, assets, and standard of living FC4320(c)

The needs of each party based on the standard of living established during the marriage FC4320(d)

The obligations and assets of each party, including separate property FC4320(e)

The duration of the marriage FC4320(f)

The supported spouse's ability to be employed without interfering with the interests of any dependent children who are in his or her custody FC4320(g)

The parties' age and health FC4320(h)

Documented evidence of any domestic violence, including consideration of emotional disteess from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence by the supported party against the supporting party FC4320(i)

The immediate and specific tax consequences to each party FC4320(j)

The balance of the hardships to each party FC4320(k)

The goal that the supported spouse shall be self supporting within a reasonable period of time FC4320l

The criminal conviction of an abusive spouse and the reduction or elimination of any award to an abusive spouse under FC4325 [FC4320(m)]

Any other factors that you determine are just and equitable FC4320(n)

Note: "any other factors" kind of leaves the door wide open if you ask me?!
------------------------------------------------------------------------------------------------

The Dad's Car !

The Mom's Car?

*Let's say that if you got a particular reaction just out of looking at pictures 

of two different cars, 

imagine what could be done with court exhibits at trial??

Litigation involving spousal support can be affected by how your attorney sets up the case. Some attorneys simply do not exert a lot of effort and will just want to settle the case, the better attorney will realize all of the data in the case can make a HUGE difference, and that settling the case may not actually be helpful strategy wise?  (If you do not understand this, don't worry.)
Using all of the above factors, attorney can assess the potential liability, the possible outcomes, and the known propensity of various judges to determine the strategy needed for best outcome.

Attorney herein has strategy tactics, and uses them,  in order to obtain superior results. Provable at that!  Difficult fact patterns call for those who can think outside the box!

If you need an affordable attorney, please consider that it's better to get more than you paid for, than to pay too much-- and still lose your case!

How Can I Fix My Current Custody Situation?

Generally in California, the counties provide family law mediators at little to no cost to litigants; you are not forced to use the service, and can usually obtain your own services by paying for the service.
Usually, the parties agree that they will not use the mediation services of the court and will obtain a private mediation person or group that has such a mediator.

Many of the mediators that work for the court system have seen many cases, and because they are human, they may make mistakes. That is not to say a private mediator can't also make a mistake. The mediator's job is to do the evaluation and then make a "recommendation" to the court. The recommendation is NOT an order.  The court is NOT required to "adopt" the mediation, and the parties are NOT required to accept the mediation recommendation themselves.

Thus, the recommendation, if not accepted by at least one of the parties, can result in a trial.

In about 75% of cases (not an exact percentage) judges will tend to adopt the recommendation of the mediator.

But as stated, if a party objects to that recommendation being adopted, a trial can be held, OR it's possible the parties can work out something different. Some recommendations may have clauses which give review dates in the future, others may not.  If in your jurisdiction, you know you do not want the court mediator(s), then you must tell the court that you wish to have private mediator services, and should discuss that in advance with the other party.

In high conflict cases, mediation may be the tip of the iceberg...extremely high conflict cases are not usually solved by using a mediator no matter what recommendation is given, the parties will continue to not get along and will have issues.

 It is this attorney's belief that in some high conflict cases where neither party is represented, the judges simply assume that minor's counsel can fix the problem.  This is not necessarily true for all cases, especially when there has been one sided action (criminal, quasi-criminal, mental illness, imprisonment/other facts which cause one party not to work, and etc.)  In these cases, it can be that no amount of minor's counsel will be solving anything.

Attorney has seen plenty of high conflict cases over the years.  

If you feel you need help on your case that might involve unsettled issues, call attorney 916-794-5557. There is no charge for the consultation.