Carlsbad Spousal Support Attorney
Spousal support has some bad connotations. However, the person seeking spousal support is rarely the money-hungry younger wife or the cheating spouse we see on TV shows. In reality, spousal support is typically sought by the lesser-earning spouse to maintain a certain standard of living that was acquired during the marriage. The standard of living does not have to be extravagant — many “average” people may need spousal support to get back on their feet. If you would like to speak with a spousal support attorney, call our law office at 760-729-2313 to schedule your consultation.
Overview of Spousal Support
As a Carlsbad alimony lawyer, Vanessa Duisters represents people seeking spousal support and those who will be paying support. Whatever your situation, we know you are seeking a fair result. Our law office can help you understand how spousal support is determined and protect your best interests throughout the process.
Spousal support in California is awarded on a temporary or permanent basis. Factors that are considered in the determination include the following:
- Length of the marriage;
- Asset division;
- Needs of the dependent party;
- Ability to pay of the payor party;
- Age of the parties;
- Health of the parties;
- Education level; and
- Earning capacity.
The Law Office of Rickard L. Borg can help you resolve this issue in mediation, which is a relatively money-conscious, effective and amicable method. On a temporary basis the court should give primary concern to maintaining the standard of living during the marriage. Support is neither an award nor a punishment. Judges are encouraged by case law to consider the standard computer print out such as dissomaster in making the temporary award. It has been our experience that most judges do review and consider the suggested amount indicated by the dissomaster program. We use the same program here at the office.
The program pays little attention to the debts of the parties. In the event there are no children of the marriage the program will usually suggest in the ball park of awarding the low earner 40% of the disparity in the incomes. Remember there is nothing cast in stone in spousal support and the judges do have a great deal of latitude.
Our offices are open during weekly business hours and we also offer evening and weekend appointments upon request. Contact Vanessa today to schedule your appointment to find out if mediation is right for you.