THE purpose of spousal assistance is not defined by the legislature because its purpose differs according to the truths and situations of each case. The facts and circumstances of a specific case might be such which require no spousal support, or for assistance for a really minimal period of time, with the purpose to assist the supported partner to “return on his/her feet” as a single person, or till neighborhood home is distributed. On the other hand, the truths and situations of another case may require support for a prolonged time period, maybe up until death of the supported partner, the purpose for which to offer support to one who can not support himself.
The 2 scenarios pointed out hereinabove are extreme cases, on opposite ends of the spectrum. Quite clearly, the facts and situations in a specific case may be such which call for some amount of support for some time period, though not until death of the supported spouse. For instance, the court may order assistance for that time period needed for the supported spouse to obtain or complete an education, to allow the supported spouse to take care of the children until they reach an age where a go back to work would be more practical, or to become self-supporting within a reasonable time.
Although making use of basic guidelines based on income is motivated in the award of short-lived assistance, such standards can not be used in awarding irreversible spousal assistance. As shown hereinabove, the award of support is in large part based upon the realities and situations of the particular case. In identifying spousal support, the court considers various factors, stated in Household Code Sec. 4320. They consist of: 1) The extent to which the earning capability of each party suffices to preserve the requirement of living developed throughout the marital relationship, 2) The level to which the supported party contributed to the attainment of an education, training, a profession position, or a license by the supporting celebration, 3) The capability of the supporting party to pay spousal assistance, considering the supporting party’s earning capacity, made and unearned income, properties, and standard of life, 4) The requirements of each party based upon the standard of living established during the marital relationship, 5)The obligations and possessions, consisting of the different residential or commercial property, of each party, 6) The period of the marriage, 7) The capability of the supported party to take part in rewarding employment without unduly disrupting the interests of dependent kids in the custody of the party, and 8) The age and health of the celebrations.
The elements set forth hereinabove are only numerous of the many factors the court will think about in deciding the concern of spousal assistance. In that the quantity and period of an award is mostly based upon the realities and circumstances of the case, it is encouraged that one who is asking for support, or is opposing an ask for assistance, get skilled counsel, who will have the ability to present the realities and scenarios in the best light possible.
* * *
Please keep in mind that this article is not legal advice and is not intended as legal recommendations. The short article is intended to provide only basic, non-specific legal information. This post is not planned to cover all the problems associated with the subject talked about. The particular truths that use to your matter might make the outcome various than would be prepared for by you. This short article does develop any attorney client relationship between you and the Law Workplaces of Kenneth U. Reyes, APLC. This post is not a solicitation.
* * *
Attorney Kenneth Ursua Reyes is a Certified Family Law Expert. He was President of the Philippine American Bar Association. He is a member of both the Household law area and Migration law area of the Los Angeles County Bar Association. He is a graduate of Southwestern University Law School in Los Angeles and California State University, San Bernardino School of Service Administration. He has substantial CPA experience prior to law practice. LAW WORKPLACES OF KENNETH REYES, APLC lies at 3699 Wilshire Blvd., Suite 747, Los Angeles, CA, 90010. Tel. (213) 388-1611 or e-mail [email protected] Go to our site at kenreyeslaw.com.
( Marketing Supplement)
Atty. Kenneth Reyes
Lawyer Kenneth Ursua Reyes is a Certified Family Law Professional. He was President of the Philippine American Bar Association. He belongs to both the Household law section and Immigration law section of the Los Angeles County Bar Association. He has substantial CPA experience prior to law practice. LAW OFFICES OF KENNETH REYES, P.C. is located at 3699 Wilshire Blvd., Suite 747, Los Angeles, CA, 90010. Tel. (213) 388-1611 or e-mail [email protected] or visit our website at Kenreyeslaw.com.