Legal Question in Family Law in California

Is spousal support always mandatory?

Is spousal support allways mandatory?

I have been married for 9.5 years. My estranged wife earns 35% less income a year than me annually, approx 70k. We have agreed to split the child support at 80/20 (80 in her favor). Why should I have to pay her more money?


Asked on 11/26/02, 5:41 pm

2 Answers from Attorneys
Edward Lindley Edward Lindley, Attorney at Law

Re: Is spousal support always mandatory?

No.First someone has to ask for it. Then if a sum and term cannot be agree to,a judge will decide. Just looking at the "income" picture you present, it does not sound as though you would be paying much, it at all. But other factors may affect that.

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Answered on 12/08/02, 10:36 pm
Martin Lathrop Russakow, Ryan & Johnson

Re: Is spousal support always mandatory?

Support is not mandatory if you agree to no support. If your case goes before a judge for his or her determination, then you will have to pay support because you have made more money than she. If she made more than you, she would have to pay. Make your best sales pitch to her and see if you can convince her to waive spousal support. Good luck.

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Answered on 11/26/02, 5:56 pm


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