Here in California child support guidelines provide very specific formulas to determine when support is to be ordered and how the amount of support should be calculated. The California family law code does not provide the same formulas for the merit of or amount of spousal support in a Carlsbad divorce case.
The law actually provides several complex factors to be evaluated by our Carlsbad courts in order to determine if spousal support should be ordered and the amount of spousal support. These include but are not limited to:
- The lifestyle enjoyed by the couple during their marriage
- The ability to find gainful employment
- Age, health and education of the parties
- The length of the marriage
- Working to support a spouse as they complete education or professional certification
- Giving up a career to raise children and support the household
- The division of child custody and parenting time as well as any child support to be paid
The length of the marriage may have the most significant impact on the amount of spousal support and the duration of the support payments themselves. Generally speaking, the longer the duration of the marriage the more likely spousal support may be for one of the parties.
Spousal support is often an area of great dispute, in some part due to the thorough though flexible nature of how our laws are written. Disputes regarding spousal support resolved in a Carlsbad divorce case are often resolved through negotiation between the parties themselves and their attorneys. The next option to consider would be mediation. Mediation provides a private, confidential and productive environment to get issues on the table and work together to reach a resolution. If the parties cannot reach agreement on their own or through mediation our trial attorneys will protect your interests and represent you before the Judge or Magistrate.
The experience and legal skill of your divorce attorney will have a significant impact on successfully resolving disputes regarding spousal support resolved in a Carlsbad divorce. We invite you to review the recommendations of our clients and the legal industry and contact Burke & Domercq or call 760-389-3927 to schedule an appointment with one of our experienced Certified Family Law Specialists.