Temporary spousal support is an order for support which is issued by the court upon the motion of a party. A litigant asking for support will be required to provide the court with an Income and Expense Declaration. Temporary Spousal Support is ordered to preserve the "status quo" of the marriage. While the court has broad discretion to order a spousal support amount, the Court usually will run the parties' income and expenses through a program called DissoMaster. This program will provide the court with a guideline support amount that may be used for temporary spousal support. It is important to provide the court with detailed, relevant information and to provide evidence to support your position.
Permanent spousal support is ordered pursuant to a Judgment on Dissolution. For permanent spousal support, the court may not use guideline support. A judge who uses guideline support for permanent is subject to appeal. The court is required to analyze the Spousal Support factors contained in Family Code §4320 . The court is required to consider all the Spousal Support factors
A competent Family Law Attorney will ensure that you provide the court with the facts and evidence that will persuade the Court to see support from your perspective. The data entry for the Income and Expense declaration, the details you provide, and a clearly articulated Spousal Support or §4320 Statement can make a difference in how the Court will see your case. It's important that you and your attorney are farsighted so that transitioning from temporary to permanent spousal support is a shift that is negotiated or litigated for your best financial interest. Livingstone Law, APC has litigated, mediated, and negotiated hundreds of support motions over the course of 27 years. Call or email me today.