LegalTips.ORG Directory Full Text About us
Alabama Code | California Code | Connecticut Code | Nebraska Code | Texas Code

maritime & jones injury law attorney   Official Government Sites
   State of Alabama
   State of Alaska
   State of Arizona
   State of Arkansas
   State of California
   State of Colorado
   State of Connecticut
   State of Delaware
   State of Florida
   State of Georgia
   State of Hawaii
   State of Idaho
   State of Illinois
   State of Indiana
   State of Iowa
   State of Kansas
   State of Kentucky
   State of Louisiana
   State of Maine
   State of Maryland
   State of Massachusetts
   State of Michigan
   State of Minnesota
   State of Mississippi
   State of Missouri
   State of Montana
   State of Nebraska
   State of Nevada
   State of New-Hampshire
   State of New-Jersey
   State of New-Mexico
   State of New York
   State of North-Carolina
   State of North-Dakota
   State of Ohio
   State of Oklahoma
   State of Oregon
   State of Pennsylvania
   State of Rhode-Island
   State of South-Carolina
   State of South-Dakota
   State of Tennessee
   State of Texas
   State of Utah
   State of Vermont
   State of Virginia
   State of Washington
   State of West-Virginia
   State of Wisconsin
   State of Wyoming

SECTION 4320-4325

4320.  In ordering spousal support under this part, the court shall
consider all of the following circumstances:
   (a) The extent to which the earning capacity of each party is
sufficient to maintain the standard of living established during the
marriage, taking into account all of the following:
   (1) The marketable skills of the supported party; the job market
for those skills; the time and expenses required for the supported
party to acquire the appropriate education or training to develop
those skills; and the possible need for retraining or education to
acquire other, more marketable skills or employment.
   (2) The extent to which the supported party's present or future
earning capacity is impaired by periods of unemployment that were
incurred during the marriage to permit the supported party to devote
time to domestic duties.
   (b) The extent to which the supported party contributed to the
attainment of an education, training, a career position, or a license
by the supporting party.
   (c) The ability of the supporting party to pay spousal support,
taking into account the supporting party's earning capacity, earned
and unearned income, assets, and standard of living.
   (d) The needs of each party based on the standard of living
established during the marriage.
   (e) The obligations and assets, including the separate property,
of each party.
   (f) The duration of the marriage.
   (g) The ability of the supported party to engage in gainful
employment without unduly interfering with the interests of dependent
children in the custody of the party.
   (h) The age and health of the parties.
   (i) Documented evidence of any history of domestic violence, as
defined in Section 6211, between the parties, including, but not
limited to, consideration of emotional distress resulting from
domestic violence perpetrated against the supported party by the
supporting party, and consideration of any history of violence
against the supporting party by the supported party.
   (j) The immediate and specific tax consequences to each party.
   (k) The balance of the hardships to each party.
   (l) The goal that the supported party shall be self-supporting
within a reasonable period of time.  Except in the case of a marriage
of long duration as described in Section 4336, a "reasonable period
of time" for purposes of this section generally shall be one-half the
length of the marriage.  However, nothing in this section is
intended to limit the court's discretion to order support for a
greater or lesser length of time, based on any of the other factors
listed in this section, Section 4336, and the circumstances of the
   (m) The criminal conviction of an abusive spouse shall be
considered in making a reduction or elimination of a spousal support
award in accordance with Section 4325.
   (n) Any other factors the court determines are just and equitable.

4321.  In a judgment of dissolution of marriage or legal separation
of the parties, the court may deny support to a party out of the
separate property of the other party in any of the following
   (a) The party has separate property, or is earning the party's own
livelihood, or there is community property or quasi-community
property sufficient to give the party proper support.
   (b) The custody of the children has been awarded to the other
party, who is supporting them.

4322.  In an original or modification proceeding, where there are no
children, and a party has or acquires a separate estate, including
income from employment, sufficient for the party's proper support, no
support shall be ordered or continued against the other party.

4323.  (a) (1) Except as otherwise agreed to by the parties in
writing, there is a rebuttable presumption, affecting the burden of
proof, of decreased need for spousal support if the supported party
is cohabiting with a person of the opposite sex.  Upon a
determination that circumstances have changed, the court may modify
or terminate the spousal support as provided for in Chapter 6
(commencing with Section 3650) of Part 1.
   (2) Holding oneself out to be the husband or wife of the person
with whom one is cohabiting is not necessary to constitute
cohabitation as the term is used in this  subdivision.
   (b) The income of a supporting spouse's subsequent spouse or
nonmarital partner shall not be considered when determining or
modifying spousal support.
   (c) Nothing in this section precludes later modification or
termination of spousal support on proof of change of circumstances.

4324.  In addition to any other remedy authorized by law, when a
spouse is convicted of attempting to murder the other spouse, as
punishable pursuant to subdivision (a) of Section 664 of the Penal
Code, the injured spouse shall be entitled to a prohibition of any
temporary or permanent award for spousal support or medical, life, or
other insurance benefits or payments from the injured spouse to the
other spouse.
   As used in this section, "injured spouse" means the spouse who has
been the subject of the attempted murder for which the other spouse
was convicted, whether or not actual physical injury occurred.

4325.  (a) In any proceeding for dissolution of marriage where there
is a criminal conviction for an act of domestic violence perpetrated
by one spouse against the other spouse entered by the court within
five years prior to the filing of the dissolution proceeding, or at
any time thereafter, there shall be a rebuttable presumption
affecting the burden of proof that any award of temporary or
permanent spousal support to the abusive spouse otherwise awardable
pursuant to the standards of this part should not be made.
   (b) The court may consider documented evidence of a convicted
spouse's history as a victim of domestic violence, as defined in
Section 6211, perpetrated by the other spouse, or any other factors
the court deems just and equitable, as conditions for rebutting this
   (c) The rebuttable presumption created in this section may be
rebutted by a preponderance of the evidence.

Alabama Code | California Code | Connecticut Code | Nebraska Code | Texas Code
 © 2007 All Rights Reserved. LegalTips.ORG.