| In my twenty years of practicing law I don't know | | | | domestic duties. |
| how many woman approached me about spousal | | | | The extent to which the supported party contributed |
| support and their fear of being homeless if they | | | | to the education, training, a career position, or a |
| would get divorced. The majority of course, are | | | | license by the supporting party. |
| woman who gave up a career to stay home and | | | | The ability of the supporting party to pay spousal |
| raise their children. | | | | support. |
| Another theme, one keeps hearing from husband's | | | | The needs of each party based on the standard of |
| attorney, is that the court should look at the wife's | | | | living established during the marriage. |
| ability to immediately get a job and support herself. | | | | The obligations and assets, including the separate |
| I recently took over a case where the husband, | | | | property, of each party. |
| making well over a six figure a year income was | | | | The duration of the marriage. |
| fixated on not paying any spousal support from a 16 | | | | The ability of the supported party to engage in |
| year marriage with 4 children. He argued for a | | | | gainful employment without unduly interfering with |
| "Vocational Assessment", which ended up costing him | | | | the interests of dependent children in the custody of |
| and his soon to be ex-wife four thousand dollars.( A | | | | the party. |
| vocational assessment is where a trained vocational | | | | The age and health of the parties. |
| expert, interviews, usually the wife, about her | | | | Documented evidence of any history of domestic |
| education and work background. The expert then | | | | violence. |
| suggests to the court, interviewees present and | | | | The tax consequences to each party. |
| future potential earnings.) The Husband, in this case, | | | | The balance of the hardships to each party. |
| believed because his wife graduated college with | | | | The goal that the supported party shall be |
| honors 15 years ago, she should get out and work | | | | self-supporting within a reasonable period of time. |
| immediately. Of course he didn't take into | | | | Except in the case of a marriage of long duration. |
| consideration that she gave up pursuing a career to | | | | This factor is the one that opposing counsel always |
| start raising their children. She also put him through a | | | | tries to hang their hat on. But although it is a goal it is |
| Masters program so he could advance in the | | | | still one of many factors the court has to look at and |
| company he worked for. | | | | then weigh. |
| When I took over the case, I was surprise to see | | | | The criminal conviction of an abusive spouse. |
| that the wife's attorney agreed to this assessment | | | | Any other factors the court determines are just and |
| let alone having her client agree to paying half the | | | | equitable. |
| cost. | | | | As you can see there are many factors that the |
| | | | | court shall take into consideration and that the odds |
| Here is some facts | | | | that the court will order spousal support are |
| that woman should know to alleviate the fear. | | | | extremely likely. In the above case, the court |
| First, it is true, the court does look at your market | | | | ordered spousal support but the husband continued |
| ability (what kind of job you could get). However, | | | | to refused to pay. Several contempt of the court's |
| that is just one element of many the court must | | | | order charges were filed. The Husband was found in |
| look at and then have to weigh. | | | | contempt of court and custody time was held over |
| California Family Law Code Section 4320 states that | | | | his head, if he continued to not pay his support. |
| "in ordering spousal support, the court shall consider | | | | Husband is now paying spousal support as well as |
| all of the following circumstances":( abbreviated) | | | | arrears (support owed) with interest. |
| The marketable skills of the supported party. | | | | Under the Family Law Code section 3557 "Absent |
| The court must still consider the job market for | | | | good cause to the contrary, the court shall award |
| those skills, plus the time and expenses needed to | | | | reasonable attorney's fees to a party who brings an |
| get the education or training to develop those skills | | | | action to enforce child and/or spousal support." |
| or a more marketable skill. | | | | Husband was also ordered to pay wife's attorney |
| The extent the supported party's present or future | | | | fees as a sanction required by law for being in |
| earning capacity is impaired by unemployment that | | | | contempt of court. |
| incurred during the marriage to devote time to | | | | |