Legal Question in Family Law in California

Going through a divorce in CA...I understand the court will use the Santa Clara Guideline formula for setting temporary spousal support. The question I have is my income amount before or after taxes and medical insurance as I get hammered for almost $400/wk in tax and deductions and with spousal support/child support on top I will be below the poverty line. How is that fair if both parties should be able to live in the way they did during the marriage?


Asked on 4/12/13, 6:38 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Spousal support is deducted from your income and added to her income. This should result in some reduction of your income tax burden. This calculation is strictly a mathematical calculation based on a very complex statutory child support provision. This process allows very little judicial discretion in setting support. The spousal support law is written such that the supported spouse is supposed to be able to live in a manner comparable to the supporting spouse. The standard of both spouses will go down after separation.

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Answered on 4/12/13, 3:21 pm


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