Family Law: Contested Divorce

In a contested divorce, it is essential to form a plan that accounts for your priorities and best interests.  The issues that can be contested are almost limitless, ranging from child support, to spousal support, to property division. 

Child Support

California has adopted a statewide formula (called a “guideline”) for figuring out how much child support should be paid.  If parents can’t agree on child support, the judge will decide the child support amount based on factors including, but not limited to:

♦ the monthly income each parent receives;
♦ number of children the parents have together;
♦ time length each parent spends with their children;
♦ the actual tax filing status of each parent;
♦ support of children from other relationships;
♦ health insurance expenses;
♦ daycare and uninsured health-care costs; and
♦ other special circumstances. 

Spousal Support

In California, spousal support may be “permanent” or temporary.  Permanent spousal support may be ordered in marriages of long duration (generally ten years or more).   In short term marriages (less than ten years), support is generally payable for one half the duration of the marriage.  Spousal support is calculated based on several factors including, but not limited to:

♦ the respective incomes of the parties;
♦ education levels and earning capacity of the parties;
♦ relative age and health;
♦ standard of living of the parties;
♦ duration of the marriage;
♦ the obligations and assets, including the separate property, of each party;
♦ retirement benefits;
♦ tax consequences of an award; and
♦ any other factors that the court deems relevant and equitable.

Property Division

As a general rule, all assets and debts acquired after marriage are split half and half between the spouses upon dissolution.  This of course does not mean the house or the car will be physically split in half or the spouses will have to share them.  Rather, the rule states each item of community property must be evaluated in terms of its market value.  As such, each spouse is then entitled to receive community assets with a value equal to one half of the entire community estate.  For instance, if the parties own a house, the court may award the house entirely to one party and award the other party community assets of equal value.  Thus, it is the entire worth of the community estate that is important, and neither spouse has a right to a one-half interest in any particular asset.

This rule is designed to facilitate a “clean break” between the spouses by terminating the joint ownership relationship.  The nature of the particular asset, however, will be considered by the court when dividing assets.  Common examples of this include circumstances where the sale of the family home would uproot the couple’s minor children, or where a particular item has important sentimental value for one spouse.

As to separate property, California courts may not award any portion of one spouse’s solely owned separate property to the other spouse unless both parties request such a division.

Contact us today for information on your rights under California Family Code and to begin working on a plan that most suits your unique personal situation.  We truly listen to your concerns and fight for your best interests with the mindset to negotiate a fair resolution for your family.  A reliable attorney can make a significant difference without costing you a fortune!