Lengthy child custody and visitation cases often drain your financial and emotional resources and have long-term affects on the children involved. Before tackling this very difficult issue, seek the advice and guidance of a California family law attorney well versed in child custody and visitation law.
A Skilled, Focused Divorce Lawyer in North Orange County
Attorney Brenda McCune is certified by the State Bar of California Board of Legal Specialization as a family law specialist, and she has lived in the North Orange County community all of her life. When you need an experienced family law and divorce attorney with an exceptional understanding of family law issues and an excellent reputation among her peers, you can turn to Brenda McCune. To request a free consultation, contact our office in Brea by e-mail or phone at 714.660.2296 or 888.841.3203 (Toll Free) for a prompt response.
The information here is provided as a courtesy of The Law Office of Brenda Lynn McCune and constitutes a brief summary of some general issues in California divorce.
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The Law Office of Brenda Lynn McCune provides counsel and representation for people facing or considering divorce in Orange County, California, and nearby communities in Los Angeles County. Our family law practice encompasses divorce, child custody, child support, property division, paternity, domestic violence, and the need for modifications of orders after divorce.
California board-certified family law specialist Brenda McCune provides honest, determined counsel for men and women in communities such as Brea, Yorba Linda, Fullerton, Anaheim, La Habra, La Mirada, Placentia, Orange, Tustin, Santa Ana, Fountain Valley, Costa Mesa, Huntington Beach, Garden Grove, Diamond Bar, Irvine and Long Beach.
Obligation to Pay Spousal Support
In California, married persons have a right and an obligation to support each other during their marriage. Depending upon numerous factors taken into consideration by a court in a dissolution case, this obligation may extend beyond the marriage.
Spousal Support Factors
California statutes set forth a long list of factors considered in determining spousal support. Included are such things as the age and health of the parties, their education and training, their length of time in the workforce, duration of the marriage, differences in earning ability, expenses of each party, tax consequences of any award, and other economic factors. A judge must also make a decision as to the duration and amount of support. Because California has not adopted guidelines for the determination of spousal support as it has for child support, the question of spousal support can be a real source of contention between the parties. Because determining spousal support is one of the most contentious issues in divorce, you need the advice and assistance of a lawyer familiar with California family law to protect your interests. Contact the experienced attorneys at The Law Office of Brenda McCune in Brea today.
Temporary Spousal Support
During the period between filing a petition for dissolution of marriage and the final judgment, a spouse may request, and the court may make an order for, temporary support based on the same factors considered in making a final support award. A temporary order will not affect the final order.
Modification of Support Order
Unlike property division orders, an order for spousal support may be modified upon a determination of necessity. Changes in circumstances, such as unemployment, disability and other facts, are considered on motion for modification of spousal support.
Domestic Violence and Spousal Support
California law provides for rebuttal of the presumption; a spouse convicted of domestic violence against the other spouse within the past five years should not be awarded support from the injured spouse. And, if a spouse has been convicted of attempted murder of the other spouse, the injured spouse, whether actually injured or not, will not be required to support the attempted murderer.
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