When I use an online Dissomaster it defaults to 1 child (no way to get that out of the equation). If there are actually no children, is the spousal support formula still correct or is there some sort of adjustment to it because no CS is paid?
Divorce / Separation Lawyer
Our office has maintained a family law practice in Alameda County, Santa Clara County and Contra Costa County for the past 31 years. I have represented several thousand of individuals in family law matters.
The dissomaster really not controlling in regard to spousal support. Many times the Judges will fudge, be lazy and look for this dissomaster for temporary spousal support orders. In regard to a permanent spousal support order at time of trial it is judicial error to just refer to the dissomaster formal printout. There are quite a number of factors that affect consideration of a long term order for spousal support the Judge must consider each and every issue.
To summarily get you out of your rut. I suggest that I'll take you back to the way we formulate temporary spousal support in the old days which has remained pretty consistent with the dissomaster printout computation. You take 40% of the net income of the supporting party, subtract 50% income of the supported party and that will give you a reasonable estimate of potential temporary spousal support.
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Family Law Attorney
If you review the "Help" manual that comes with Dissomaster it will walk you through how to prepare a Dissomaster for child support only. So, yes, there's a way to do it. To do it right, correct your settings.
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Divorce / Separation Lawyer
Schedule a consultation with a reputable family law attorney in your area and he/she will be able to run the numbers for you. Be careful though--the judge does not have to follow any DissoMaster numbers for temporary spousal support. It is discretionary, not mandatory.
The online calculators are not always accurate and are generally provided by child support services--they are concerned with supporting children so they do not become a public charge so the program may not allow you to remove the 1 child default setting.
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