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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 38129
Experience:  Retired (mostly)
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Can you help with references on precedence? I live in

Customer Question

Can you help with references on precedence? I live in Alameda County, California and I am going to divorce trial to settle on (1) permanent spousal support and (2) division of assets, children are not an issue. It's a long-term marriage and I am the breadwinner. I am Pro Per and he has representation.I am looking cases previously heard in California that are similar to my situation. Please provide specifics about the case/summary of each case (as appropriate) and links. Specifically:1) What is the precedence of divorce case(s) in which (a) the wife was the higher income earner; (b) was ordered to pay permanent spousal support; (c) for how long was the ordered support for?2) What are the cases in which the wife was ordered to pay temporary spousal support initially and was not eligible for permanent spousal support (alimony)?Thank you.
Submitted: 5 months ago.
Category: Family Law
Customer: replied 5 months ago.
Can you help with references on precedence? I live in Alameda County, California and I am going to divorce trial to settle on (1) permanent spousal support and (2) division of assets, children are not an issue. It's a long-term marriage and I am the breadwinner. I am Pro Per and he has representation.I am looking cases previously heard in California that are similar to my situation.
1) Is there precedence of divorce case(s) in which the wife was the higher income earner, was ordered to pay permanent spousal support? For how long was the ordered support for?2) Support is not gender-based; however, are there cases in which the spouse (ex-husband) was not eligible for permanent spousal support (alimony)?IThank you.
Customer: replied 5 months ago.
Can you help with references on precedence? I live in Alameda County, California and I am going to divorce trial to settle on (1) permanent spousal support and (2) division of assets, children are not an issue. It's a long-term marriage and I am the breadwinner. I am Pro Per and he has representation.I am looking cases previously heard in California that are similar to my situation. Please provide specifics about the case/summary of each case (as appropriate) and links. Specifically:1) What is the precedence of divorce case(s) in which (a) the wife was the higher income earner; (b) was ordered to pay permanent spousal support; (c) for how long was the ordered support for?2) What are the cases in which the wife was ordered to pay temporary spousal support initially and was not eligible for permanent spousal support (alimony)?Experts have suggested I increase my question price to $250 so the difference will be added to the initial payment of $36 that I made will be deducted. Please proceed. Thank you and I look forward to a response some time today (Sunday, 07/31/16).
Expert:  socrateaser replied 5 months ago.

Hello,

I'm a member of the State Bar of California, the U.S. District Court for the Central District of California (LA?OC Metro and surrounding counties), and the California and National Associations of Realtors. I have comprehensive knowledge of California family law.

You will not find any precedent cases which discuss a wife's obligation to support her husband in the same manner as a husband must support his wife. The reason for this is that a decision from a court of appeals or the California Supreme Court on the issue would violate equal protection on its face -- and that would violate both the California and U.S. Constitution.

The precedent cases for spousal support, permanent or temporary, are the same regardless of which spouse is the "breadwinner" in the family. The only way to find case law that applies to a particular case is to consider the unique facts evidenced during the marriage, compare those facts to the factors identified by Family Code Section 4320, and then find case law to support those unique facts and factors, as may be required.

In practice, and while family law attorneys love to spin lengthy briefs discussing the case law relevant to a family law ccase (because it helps justify legal fees), family department judges know the case law, and they're most interested in the facts proved at trial as applies to the Section 4320 factors.

So, while I certainly understand your desire to find specific case law relevant to your dissolution, you are almost certainly better served to prepare your evidence and argue the facts against the Section 4320 factors.

That said, if you want some generally applicable case law, for the length of marriage, then:

Marriage of Rising (1999) 76 Cal.App.4th 472, 478, fn. 9)

Marriage of Left (2012) 208 Cal.App.4th 1137, 1151

Marriage of Brantner (1977) 67 CA3d 416, 423.

Concerning a spouse ordered to pay temporary support, but not eligible for permanent support, there are two cases that discuss the irrelevance of temporary support orders where a change in circumstances occurs after the temporary support orders are made, but before trial:

Marriage of Burlini (1983) 143 Cal.App.3d 65, 68-69

Marriage of McNaughton (1983) 145 Cal.App.3d 845, 850

That said, if you need help preparing your case for trial, I'll be happy to send you a premium services offer, and we can take this matter offline. Please let me know if you're interested. If you're determined to "do-it-yourself," I certainly understand and respect your choice.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 5 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.
Thanks again for using Justanswer!

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