QUESTION
Can my wife get a spousal support even if she's making more income?
Asked on Oct 16th, 2013 on Divorce - California
More details to this question:
I committed an adultery. My wife claims she will get child and spousal support. But she makes more income, is this true? I'm in California.
5 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It is possible and it depends on how much she makes, how much you make, how many kids there are and how much time you spend with them.
Answered on Oct 18th, 2013 at 6:25 PM
Spousal support is based on a balancing of the parties' incomes. Child support is based on the same thing after determining how much time the child spends with each parent. An affair is not relevant in determining child or spousal support. California is a "no fault" divorce state.
Answered on Oct 17th, 2013 at 12:11 PM
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California is a no fault divorce state so your adultery has no affect on your case. Based on the facts provided it is not likely that your wife would receive spousal support. Actually depending on the facts and the differences in your income, you may be entitled to spousal support. As to child support that is done by "guideline" calculations based on both of your incomes, the percentage of custodial time with the child(ren) and some other factors. For more on spousal support considerations, please refer to California Family Code 4320.
Answered on Oct 17th, 2013 at 11:45 AM
It is unlikely she would qualify for spousal support but child support is always owed to the child. Your actions are irrelevant to determining if support is owed and how much.
Answered on Oct 17th, 2013 at 11:27 AM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Spousal Support is paid from the spouse earning more money to the spouse earning less money, regardless of the sex of the parties, if there is enough difference in income (if the incomes are close, then no spousal support will be awarded to either party). Child Support is based on the incomes of both parties and the amount of time the each parent is responsible for caring for the children (as ordered by the court or agreed in a Stipulation by the parties). California is a no-fault state. The court does not care whose "fault" it is or if either of you committed adultery, until/unless the party committing adultery did not hide it from the children properly and therefore, showed poor parenting skills (which could effect visitation/.timeshare).
Answered on Oct 17th, 2013 at 2:56 AM