The Temporary Spousal Support Order

Temporary spousal support orders have a lot in common with child support orders – they are both based on the same computer program. In Orange County divorce cases, before final judgment, the Court bases its spousal support orders on a computer program called Xspouse (which is very similar to other programs out there). Lawyers and judges input each party’s gross income (the computer calculates the net) as well as various other financial data such as mortgage interest deduction, property tax deduction, hardship deductions, if any, etc. and determines what a temporary spousal support order should be. Are these programs perfect? From from it. However, Orange County Family Court heavily relies on these programs. Therefore, you have to be prepared to justify why, in your case, the Court should deviate from it. The most common reasons for deviation are:

1. Your current income will change very soon and that change is documented – this often happens with an impending layoff, demotion or other expected and provable change.

2. The computer program calculates a number that is inconsistent with the marital lifestyle and the status quo of both party’s financial state at the time of separation.

3. There has been a lengthy period of time between separation, where you and your spouse have lived apart from each other, and the request for spousal support.

There are other reasons that justify the Court deviate from the computer calculated spousal support but the above three are the ones Orange County family court sees more than others.

Not every spousal support request is as simple as inputting income into a computer program and determining the correct number. Self-employment income can sometimes present challenges, especially when the self-employed spouse has a complicated financial structure. Farzad Family Law is experienced and knowledgable in handling all types of spousal support matters, from the simple and straightforward to the most complex. When necessary, we employ trained and experienced forensic accountants to determine a controllable cash flow and income analysis. Whether you are the spouse seeking spousal support or the one against whom a request is made, you can put our experience and know-how to work for you.

Call or email me about your spousal support questions. We will find solutions together.

Warmest Regards,

B. Robert Farzad
Orange County Divorce & Family Law Attorneys
1851 E. 1st Street, Suite 1150
Santa Ana, CA 92705
Telephone: (714) 937-1193
Facsimile: (714) 937-1192

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