California Divorce Support
The decision about the California divorce support lies solely with the court. It is absolutely the court’s discretion to decide on the types of support to be awarded and the extent of the support the recipient is entitled to get. But if there is any pre-nuptial agreement about the California divorce support between the spouses then that agreement needs to be honored by the spouses and the court will not be involved in the matter. There are set guidelines to decide on the extent of the California divorce support regarding the spousal support, child support and the division of the property. The California divorce support rights are not natural rights that the court will award in favor of the deserving party. It is completely the discretion of the court to honor the plea of either of the spouses for the support or to reject the plea and that decision essentially varies from case to case depending on the circumstances. So, you need to asses you position before applying for the support.
California spousal support – Sections - 4320, 4324, 4330:
While deciding on the CA spousal support the court considers the following aspects,
CA child support - Sections: 3024, 3622, 4001, 4050:
- The earning capacity of both the parties and if it is possible to maintain the same living standard that were enjoyed by them during the marriage.
- The ability of the payer to pay the spousal support considering his or her income, assets, income from property etc.
- Age and health condition of both the parties.
- History of domestic violence as per the Section 6211.
According to the law of the California it is the first and foremost duty of the parents of the minor child is to support the children. In California the amount of the child support is calculated on the basis of the Income Share Model. In this process the required monthly support is divided proportionally between the parents according to their income.
CA property distribution in divorce (California Code - Sections: 2501, 2581, 2601, 2602, 2621, 2623, 2625, 2641):
California being a "Community Property" state, all the marital properties of the divorcing couple is considered as the community property and these properties are divided equally amongst the spouses. Properties that were acquired by the spouses after and during the marriage are termed as the marital property and these are the properties that are divided among the spouses. All the properties that were held by either of the spouses before the marriage or inherited by them are considered as the separate property and these properties are not divided rather they remain with the party in whose name the property was registered.
The California divorce support is ordered by the court in a way that neither of the parties gets any favor nor deprived of his or her rights. It gives equal justice to both the parties so that they can live a healthy and respectable life even after the divorce.
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