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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17453
Experience:  B.A.; M.B.A.; J.D.
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In Divorce of Family Law of two individuals would one of them

Customer Question

In Divorce of Family Law of two individuals would one of them have to support the other based on income.
Second, one individual has four jobs because of guardianship of three children at home but not legal custody. Does that individual need to decrease his or her earning to avoid having to pay support to the other person because the initial person has all of the responsibility
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
I am sorry, but you need to provide more information before your questions can be answered. You need to properly lay the foundation for your questions.
Customer: replied 1 year ago.
Two people are getting a divorce. The female is asking for support because she has guardianship of three children at home but not legal custody. Since her income is more than his would she need to support him even though she has all of the responsibility. But, if she reduces her income, would it help in her favor
Expert:  Phillips Esq. replied 1 year ago.
Thank you for the information.
Are these children, children of the marriage? I am asking because you used the term, "guardianship."
Customer: replied 1 year ago.
Yes. They are children
Expert:  Phillips Esq. replied 1 year ago.
Thank you for your quick response.
Your clarified questions:
Two people are getting a divorce. The female is asking for support because she has guardianship of three children at home but not legal custody. Since her income is more than his would she need to support him even though she has all of the responsibility. But, if she reduces her income, would it help in her favor
Response: It all depends. The Court would review various factors to determine whether to grant alimony/spousal support and the amount of the spousal support/alimony. Some of the factors that the Court would review are (1) The ability of the supporting party to pay spousal support, taking into account the supporting party's earning capacity, earned and unearned income, assets, and standard of living, (2) The needs of each party based on the standard of living established during the marriage, (3) The obligations and assets, including the separate property, of each party, (4) The duration of the marriage, (5) The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party, (6) The age and health of the parties. For more information, see California Family Code Sections 4320, 4330 -4339:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=04001-05000&file=4320-4326
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=04001-05000&file=4330-4339

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