The short answer is, yes, an income you earn will be counted as part of a temporary spousal support order. However, since the purpose of temporary spousal support is to maintain the "marital standard of living," you could argue that the additional income does not reflect what your income was during the marriage and, thus, should not be included for the purposes of calculating temporary spousal support. Unlike child support, the judge has a lot of discretion in making temporary spousal support orders, so you stand a good chance at explaining your circumstances to the court. Also, a court cannot compel you to work more than an typical 40-hour work week. An experienced family law attorney in your area should be able to come up with more creative arguments to make to the judge, as well. Hope this helps. Take a look at the following links for more information and answers. Good luck to you!
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Our office has maintained a family law practice in Alameda, Contra Costa and San Mateo Counties for the past 31 years. I have represented several thousand of individuals in family law matters.
While I agree with the attorney's previous answer in regard to the fact that you need to be creative, nevertheless, the typical go in regard to judges in this area of the law are for purposes of temporary spousal support, they look at how much money you are making now, how much money your wife is making now and they give you a computer generated number for temporary spousal support. Is this the way it is supposed to work...no. In regard to permanent spousal support, there are quite a number of factors the court statutorily must take into consideration and it is a far more complex analysis which would better enable you to make arguments that would help curtail the amount and duration of your support. In regard to your present situation, the first thing I would do is look to your ex's Income and Expense Declaration and see how much money she claims to need to make ends meet and whether or not her listings in the Expense column are excessive. Last Friday, I received an Income and Expense from my client's wife who indicated she spent $400.00 a month on grooming. I asked opposing counsel if she had ten show dogs.
I hope this is helpful.
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