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(a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage
(b) The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party
(c) The ability to pay of the supporting party, taking into account the supporting party's earning capacity, earned and unearned income, assets, and standard of living
(d) The needs of each party based on the standard of living established during the marriage; (e) The obligations and assets, including the separate property, of each party
(f) The duration of the marriage
(g) 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
(h) The age and health of the parties, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party where the court finds documented evidence of a history of domestic violence, as defined in Section 6211, against the supported party by the supporting party
(i) The immediate and specific tax consequences to each party
(j) The balance of the hardships to each party
(k) The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a "reasonable period of time" for purposes of this section generally shall be one-half the length of the marriage. However, nothing in this section is intended to limit the court's discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties; and
(l) Any other factors the court determines are just and equitable.
The duration of support depends on the length of your marriage, but if you were married less than 10 years total you could be made to pay lifetime support if the court finds any support is due (See: CA Family Code 4336. However, based on your description of your income and her income it is unlikely that the court will order either party to pay support.
You can force the sale of the home in WA, which would force her to either buy out your share or put the home up for sale. The problem is that the court cannot conduct a court sale of the home in WA if she refuses to put it up for sale, you have to go to the WA court and get the CA court order of sale recognized by the WA courts as a foreign judgment and the WA court can then order a court ordered sale of the home because the CA court has no jurisdiction over real estate in another state.
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Thank you for the information that you forwarded. It was very helpful. I will get a court order for the sale of the property in Washington. Does this then have to go to the Washington courts in order to get them to order the sale of the house?? If so, can this done by via mail and personal appearance in court. Any fees involved doing this in Washington?
My income is $1,990 a month plus a $200 pension. Her income is $850 a month via SSA through me. She has not worked during our marriage. She has never been employed due to lack of education and training.
She has Medicare plus a supplemental plan through AARP.
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