Mens Family Law & Divorce Attorneys San Diego

San Diego Spousal Support Lawyers
Explaining the Process

Certain California divorces will include an order for spousal support, which in some places is known as alimony.  These orders have all of the weight and force of any court order, and the party that is ordered to make these payments must keep them current in order to avoid additional legal problems.  There are several different criteria that are used to determine whether or not spousal support would be appropriate in a California divorce case, and anyone who faces this possibility should seek the immediate help of experienced San Diego spousal support lawyers.  Below is a brief overview of this issue.

When Will a Court Order Spousal Support?

Spousal support is not required in California divorce cases, and it is entirely within the discretion of the court overseeing the case to determine whether such an order is appropriate.  In addition to the discretion regarding whether or not to order spousal support at all, courts can also decide on the amount and duration of the spousal support that should be paid if it does decide that these payments are appropriate.

How Does a Court Make a Decision Regarding Spousal Support?

California law provides several different criteria that can and should be used to consider whether or not spousal support should be ordered.  As many as 14 different criteria could be relevant depending on the specific facts of the situation.  Examples of these criteria available to the court for application to the situation include:

1. Earning capacities of each party
2. Contributions by one spouse to the other's education, training, etc.
3. Supporting spouse's ability to pay spousal support
4. Standard of living maintenance needs
5. Assets and debts of the parties
6. Age and health of parties
7. Ability of spouse receiving support to obtain employment
8. Duration of the marriage
9. Tax consequences
10. Any history of domestic violence

These criteria serve mostly as guidelines for courts making these decisions, and therefore it is essential for a party who is facing this issue to present strong evidence regarding his position, as the facts of every California divorce are unique.

How San Diego Spousal Support Lawyers Can Help

The issue of spousal support is often hotly contested, and it's one that will largely be the result of not only the evidence offered to the court, but the arguments that are made in furtherance of the case being presented.  Therefore, those who face this issue need to obtain the help of San Diego spousal support lawyers who understand what it takes to fight for the legal rights of clients relentlessly so that an equitable result can be achieved.  Contact the Men's Legal Center today to schedule an initial consultation.