California temporary spousal support differs from permanent spousal support in that there are two methods to calculate payments from a supporting spouse to a supported spouse. In addition is the fact that temporary spousal support is awarded only during divorce while permanent spousal support can vary in the duration of time the supported spouse receives support.
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California Temporary Spousal Support
California temporary spousal support is an order for support that comes during a divorce, legal separation or even an annulment case after one party has filed such a request with the court. It is awarded to either a husband or wife (called the supported-spouse) so that they can live in the manner they were accustomed to during the marriage. California temporary spousal support continues pending disposition of your divorce. A California temporary spousal support order is an attempt by a California court, pending trial, to allocate family income equitably between parties, considering their individual incomes and expenses. California temporary spousal support can be determined using a computer-based program.
Calculating California Temporary Spousal Support
California courts are allowed to determine temporary spousal support by looking at a “guideline” calculator. The court can consider the guideline calculator but are only required to consider the needs of the supported party and the supporting party’s ability to pay. Those are the only two factors that the trial court judge is bound to consider.
California Permanent Spousal Support
In contrast to California temporary spousal support, California permanent spousal support (also known as long term spousal support) is intended to provide financial assistance to the supported spouse. The amount awarded is determined by the financial circumstances of the parties after their dissolution and the division of their community property. In determining permanent spousal support, a court must consider certain factors as set out in California Family Code § 4320. A judge cannot use a computer-based temporary support guideline figure, even if used only as reference point, but must consider all the factors found in the California Family Code.
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