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Common Arguments for Spousal Support

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  • 08-18-2014, 04:48 PM
    NotSkeered
    Common Arguments for Spousal Support
    My question involves a marriage in the state of: CA

    Downtown Riverside Family Law court:

    Does anyone know which set of tactics is most commonly used in Xspouse for temporary spousal support of a dissolution with no children of this marriage, and no other child or spousal support?

    Do they try to equalize the final net spendable income ratios to same as before the adjustments or ?

    Also, If you submit accurately calculated Xspouse scenarios, using hard figures for income & expenses, does that help things along, or just serve to irritate?

    Thanks in advance!
  • 08-19-2014, 01:15 PM
    Mr. Knowitall
    Re: Common Arguments for Spousal Support
    Read this, including "Understanding the Factors the Judge Must Consider".
  • 08-19-2014, 01:43 PM
    JulesJam
    Re: Common Arguments for Spousal Support
    Quote:

    Quoting NotSkeered
    View Post
    Do they try to equalize the final net spendable income ratios to same as before the adjustments or ?

    No.

    For temporary spousal support the judges are amenable to enforcing the status quo by and large until the case is either settled or litigated. But of course if one party moves out and now needs to pay for housing, that complicates things if they can't afford to continue to pay for both the marital home and their new housing.



    Quote:

    Quoting NotSkeered
    View Post
    Also, If you submit accurately calculated Xspouse scenarios, using hard figures for income & expenses, does that help things along, or just serve to irritate?

    Thanks in advance!

    you are going to need figures for sure but as I said, whether or not the status quo can be enforced in a temporary order is going to depend on the facts..
  • 08-20-2014, 05:41 PM
    NotSkeered
    Re: Common Arguments for Spousal Support
    Quote:

    Quoting JulesJam
    View Post
    No.

    For temporary spousal support the judges are amenable to enforcing the status quo by and large until the case is either settled or litigated. But of course if one party moves out and now needs to pay for housing, that complicates things if they can't afford to continue to pay for both the marital home and their new housing.






    you are going to need figures for sure but as I said, whether or not the status quo can be enforced in a temporary order is going to depend on the facts..

    Quote:

    Quoting JulesJam
    View Post
    No.

    For temporary spousal support the judges are amenable to enforcing the status quo by and large until the case is either settled or litigated. But of course if one party moves out and now needs to pay for housing, that complicates things if they can't afford to continue to pay for both the marital home and their new housing.

    you are going to need figures for sure but as I said, whether or not the status quo can be enforced in a temporary order is going to depend on the facts..

    OK, I'm grasping the idea here I think.

    So, (for the parting seeking support) now the FL-150 actually become relevant, as opposed to straight up proposals based solely on Santa Clara SS or Guideline SS brought before the court. Presenting supported figures for allowable expenses for the seeking side, showing better than good faith in reducing overall living expenses, etc. could/should sway the judge towards digging into the supporting party's pockets presuming it will not cause hardship.

    Am I heading in the right direction?

    Mr. Knowitall:

    Are these judges pre-disposed to a full on 4320 hearing at a temp spousal support RFO?

    Shouldn't the RFO for temp support be fairly brief, especially if (my side at least) will be totally organized and reasonable. Wife will be in pro per, has no clue how $$$ work, and probably will not have properly supported figures for her FL-150 when/if questioned.

    Is blowing off the meet & confer frowned upon these days? I hope so. She would be limited in what she can present, something like that?

    Thanks to both of you.
  • 08-20-2014, 06:33 PM
    JulesJam
    Re: Common Arguments for Spousal Support
    Quote:

    Quoting NotSkeered
    View Post
    the FL-150

    few if any of us here are going to know a particular family court form by it's number without looking it up. If you want feedback from me, you are going to have to explain what info the form requires.
  • 08-20-2014, 07:35 PM
    NotSkeered
    Re: Common Arguments for Spousal Support
    Quote:

    Quoting JulesJam
    View Post
    few if any of us here are going to know a particular family court form by it's number without looking it up. If you want feedback from me, you are going to have to explain what info the form requires.


    Oops, sorry, I was rushing.

    That is the Income & Expense Declaration
  • 08-20-2014, 10:13 PM
    JulesJam
    Re: Common Arguments for Spousal Support
    Quote:

    Quoting NotSkeered
    View Post
    So, (for the parting seeking support) now the FL-150 actually become relevant, as opposed to straight up proposals based solely on Santa Clara SS or Guideline SS brought before the court. Presenting supported figures for allowable expenses for the seeking side, showing better than good faith in reducing overall living expenses, etc. could/should sway the judge towards digging into the supporting party's pockets presuming it will not cause hardship.

    What is important is the status quo. How did the parties handle their finances during the marriage prior to separation? How feasible will it be to enforce the status quo now that the parties no longer live together?


    This is for TEMPORARY spousal support to be paid during the proceedings that I am talking about, prior to the final order of spousal support.
  • 08-21-2014, 05:34 AM
    NotSkeered
    Re: Common Arguments for Spousal Support
    Quote:

    Quoting JulesJam
    View Post
    What is important is the status quo. How did the parties handle their finances during the marriage prior to separation? How feasible will it be to enforce the status quo now that the parties no longer live together?


    This is for TEMPORARY spousal support to be paid during the proceedings that I am talking about, prior to the final order of spousal support.

    Yes, Temporary support is the subject of my inquiry. Thanks very much for your comments, I appreciate you taking the time to make them.
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