Spousal Support

Whether you are seeking spousal support or you may be ordered to pay spousal support, the Shuff Law Firm has the knowledge and expertise to ensure that spousal support orders in your case are consistent with the respective incomes of the parties, as well as the factors outlined in Family Code Section 4320.

It is in your best interest to seek the guidance of experienced legal counsel with respect to spousal support.  Aside from the mental and emotional difficulties associated with divorce, the financial changes that occur during the process can create extreme stress.  Clients experience the realization that two households cannot be maintained as inexpensively as one, and that not every family can enjoy the same lifestyle they did during the marriage, especially if it involves continuing to provide it for their children.   The issue of spousal support can therefore be one of the most stressful aspects of divorce.  If you have been a stay-at-home parent for many years, you will be concerned about how you will provide for yourself and the children during the divorce process and after the divorce.  If you are the financial provider, you will be concerned about how much you will have to pay in support and how you will be able to support yourself as well.

There are many factors utilized by the Courts to determine the amount and duration of spousal support, such as the respective incomes of the parties, marketable employment skills, education, duration of the marriage, the age and health of the respective parties, the length of the marriage, and the marital standard of living. The Shuff Law Firm has the expertise to analyze income, marital lifestyle, tax consequences and other factors in order to effectively pursue and obtain the best possible spousal support result.   The Firm will take all steps necessary to ensure that all sources of income available for support are discovered.  In instances where one party is self-employed, this may include an analysis by a forensic accounting expert to determine the cash flow of the business and income available for support.

Initially, one spouse may seek a temporary order for spousal support to ensure that they are financially taken care of during the process of the divorce.  That temporary order may change upon completion of the Judgment of Dissolution.  Numerous factors are considered in determining spousal support orders for the Judgment of Dissolution, and the Court has broad discretion to award spousal support, so long as various factors included in California Family Code Section 4320 are considered.

The goal of the Shuff Law Firm is to achieve a fair result based upon the individual circumstances of each client.  The support order should be sufficient to provide for the needs of the supported party, but not so high as to cause the supporting party an inability to pay the order.  To minimize the necessity of returning to Court at a later date to modify spousal support, the Shuff Law Firm will also seek to include appropriate "step-down" orders for spousal support in cases where it is anticipated that the supported party will acquire the skills and education to obtain gainful employment at a future date.

The Shuff Law Firm has successfully handled hundreds of cases, representing parties in need of spousal support, as well as parties required to pay spousal support.  In every case involving spousal support, the Shuff Law Firm they will pursue a course of action to protect their clients' interests and obtain the best possible result.

California Family Code Section 4320