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How to Know If You Are Getting Unfair Spousal Support in California

Paul Nathan
San Francisco Divorce & Custody Lawyer Representing Women Exclusively

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1/25/2013
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Going through a divorce is an agonizing process. Not only are you saying goodbye to the life you once knew with the person you had planned to be with forever, but there are many other factors that you must work out in order to come to a mutual agreement.

One matter that must be decided is the amount that will be paid to you in California spousal support. California is a no-fault divorce state, so the judge is not able to provide you with more compensation if you have been cheated on or hurt emotionally in the divorce. There is a set list of factors that the judge considers under the California Family Code when determining how much you will receive. However, there is a lot of subjective judgment that goes into evaluating each of these factors; deciding on the total support amount is not a cut-and-dried case.

Here are a few ways to determine if your support order is accurate and contains all of the necessary considerations when determining how much you are entitled to:

  • Did you include the amount of your mortgage interest?
  • Do you have other children living with you that are not parented by your ex-spouse?
  • Was all of your ex-spouse’s income accounted for, including rental income, Social Security benefits, or interest dividends?
  • Do you have any necessary job expenses, such as uniforms or gas mileage?
  • Should your ex-husband be working more hours than he currently is?

All of these—and other factors—go into deciding how much you are entitled to in California spousal support. Because the process is confusing and complex, you may need the help of a San Francisco spousal support attorney to navigate the paperwork and demands. Contact us today at 866-414-4091 for a discreet consultation.



Category: Spousal Support

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