Orange County Spousal Support Attorneys & Lawyers

Orange County Lawyers The judge will take many things into consideration when deciding what spousal support should be ordered. Examples of some things the judge may consider are: How long the couple has been married; The age and health of each spouse; How much income each can earn on their own; What the expenses of each spouse are; Whether there are minor children at home; and The history of the way the couple handled money during the marriage.

Orange County The Superior Courts of Orange Counties have adopted a spousal support guideline for use in setting temporary spousal support. This guideline provides that the husband's spousal support is to be 40% of his net monthly income, reduced by one-half of the wife's net monthly income. Where child support is being paid, the guideline level of child support is first calculated. Then, spousal support is determined.

California At the trial of the dissolution, the California Family Code provides the judge with a long list of factors that are to be considered in determining the amount and duration of spousal support..

In California, the Child Support Guideline establishes the minimum level of support required for children. The guideline calculates support based on the income levels of both parents. Beyond this, other local guidelines may also impact the amount that is paid or owed. Our attorneys can help you figure out and negotiate the amount you will pay or receive based on these guidelines, as well as advise you on related issues you may be facing regarding prenuptial agreements , employment or income levels.

Marital Agreements Agreements between married couples in California are permitted subject to various laws. Generally speaking, couples can freely make agreements dealing with property, but they cannot make agreements altering their legal relations (Family Code §1620)

Prenuptial Agreements If you or your spouse has property going into a marriage, (and there are plenty of couples entering marriages these days with property and children from a prior marriage), you may want to consider a prenuptial agreement in order to preserve pre-existing property rights and/or interests for your children and other legal heirs.

Marital Agreements Once you are married you and your spouse may enter into a marital agreement ("postnuptial agreement"). Couples can agree to affect their marital rights incident to their marriage, both during their lifetime and even after their death.

* The earning capacity of each party and how this earning capacity may serve to maintain the standard of living established during the marriage; * The marketable skills of the party to be supported; * The time and expense required for the party to be supported to acquire marketable skills to maintain the standard of living established during the marriage; * The extent by which the party to be supported earning capacity was impaired by long periods of unemployment; * The extent by which the party to be supported contributed to the education, training, career or license of the party to support; * The ability of the supporting party to pay spousal support; * The obligations, and assets of the marriage and also the separate property of each party; * How long the marriage lasted; * The age and health of the parties; * The ability of the party's to work and not interfere with the interest of the dependent children; * Documented evidence of domestic violence; * The tax consequences of each party; * The goal that the party to be supported will be self supporting within a reasonable period of time. "Except in the case of a marriage of long duration as described in Section 4336, a "reasonable period of time" for purposes of this section generally shall be one-half the length of the marriage. However, nothing in this section is intended to limit the court's discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the partie