I have a divorce trial coming in January the attorney I had will no longer represent me due to my lack of funds to pay him any more money. I have been paying temporary spousal/child support for about 15 months. The court used a dissomaster calculator to determine child/spousal support I believe. In my divorce trial will they use the dissomaster again or will they use some other method ?
The court will use the DissoMaster to calculate guideline child support. The Court is not supposed to use DissoMaster suggestions for spousal support when determining permanent Spousal Support. The factors considered for Spousal Support are contained on FL-157, but really you need an attorney to assist you at trial. The Orange County Bar Association has a Modest Means Program that may be something to look into. If you qualify, the hourly rate is discounted to $125 per hour and the initial retainer is $1,000.00. I am in the program, and I offer that to anyone who walks through the door qualifying under the standards set by the OCBA.
Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent legal counsel.
The DissoMaster calculates guideline /minimum child support sums and yes, it will be used again. However, for determining spousal support, the court is not supposed to use the program for that...yet they will peek. The court will look at all of the Family Code Section 4320 factors in determining spousal support.... length of marriage, Marital Standard of Living, Lifestyle during the marriage, earnings, earning ability, health, age, needs etc. There are 14 factors. You will need to address all of them in your Trial Brief and in your presentation. Find new counsel, the issue of spousal support is so different by all of the judges that you really need someone who knows the quirks and personalities of each judge. This is too important to just try and wing it since support can be ongoing for many many years!
All of Ms. Posey’s responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a final legal opinion. The response does not create an attorney-client relationship. Ms. Posey is licensed to practice law in California and her practice is in Mission Viejo.
The dissomaster will again be used to calculate baseline support. The court can then deviate based on certain circumstances. If circumstances have no substantially changed since your temporary support was ordered, you will probably be paying close to what you are now.
I would highly recommend seeking legal assistance and consulting with a local attorney to understand the best course of action for your situation.
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