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Alimony in CA and how do they come up with amount?

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What is the name of your state? CA....
This is for a friend who does not want this on his computer for different reasons...
Here is what I know. He wants a divorce but wants to make sure he does the right thing by taking care of his wife now, legally and morally. She is much older then him and is about the age to recieve social security so she will have that income. They have been married close to 20 years and to my knowledge he has paid for everything during the whole marriage. They do Not own any property except maybe vehicles (at least one for him to get to work anyway)he is in his 40's. He wants to make sure he can afford to move out and still help her but doesn't know what he will be required to pay? I know you guys can't give a figure per say but is there something we could get a guess by? He grosses about $80.000.00 a year but brings in net aprox.$60 of that. I know the judge can order what he deams appropriate but is there any kind of set percentage of alimony a man gives a woman after 20 years of marriage? I hear that the debts are halfed so is his income halfed as well except for the S.S she will receive? I do know that he has chronic medical issues and no Insurance so I assume if they get divorced and she gets Social Security then she will probably get medical or medicaide what ever S.S gives.
How can this alimony be figured out? Or is there a way to figure it out to almost the amount.. Again I know the judge can do what he feels is best and change anything but he was just looking for an estimate cause even before its ordered he will help her. They just don't love each other any more and need to end this, so it's my opinion she probably wants this divorce as well...
also I wanted to ask why some posts never get answered? is it b/c it would be to complicated to answer? or no way to really answer?
I hope you guys can tell me something as this guy is a decent guy and I don't think his wife is all that nice either. But of course I don't live in their home either.. Please any help so this guy can be happy and I'm sure the wife too by what I hear.. Thanks
 
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rmet4nzkx

Senior Member
To answer your quesiton from the other thread, yes you can pick up the forms from the local court house, use the local FLF and file by mail.

This thread sound very familar ;)
If the SS income is for disability Medicare doesn't start until 29 months after qualification, don't give up medical benifits.
 
Thanks promise it is not me!!! Even though it may be close as soon as the other paper work is done!!! I wouldn't hide it, I have no reason now...Yes the marriage time and her filing for S.S (except hers is age and mine disability) is the same but thats it she is 60 I am only 43, I don't even know her just him honestly.. I wish he would come here himself... and thanks for the answers to my questions i was going to view my own thread fter seeing this thanks...
 

Mars4Dude

Member
Original question still not answered

Original question still not answered. How do they come with spousal support amounts? I wonder how that is done too? By no means am I an attorney; nor do I claim any legal knowledge. I suspect this statute is part of the process: "California Family Code Section 4320. In ordering spousal support under this part, the court shall
consider all of the following circumstances:
(a) The extent to which the earning capacity of each party is
sufficient to maintain the standard of living established during the
marriage, taking into account all of the following:
(1) The marketable skills of the supported party; the job market
for those skills; the time and expenses required for the supported
party to acquire the appropriate education or training to develop
those skills; and the possible need for retraining or education to
acquire other, more marketable skills or employment.
(2) The extent to which the supported party's present or future
earning capacity is impaired by periods of unemployment that were
incurred during the marriage to permit the supported party to devote
time to domestic duties.
(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 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.
(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.
(i) Documented evidence of any history of domestic violence, as
defined in Section 6211, between the parties, including, but not
limited to, consideration of emotional distress resulting from
domestic violence perpetrated against the supported party by the
supporting party, and consideration of any history of violence
against the supporting party by the supported party.
(j) The immediate and specific tax consequences to each party.
(k) The balance of the hardships to each party.
(l) 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.
(m) The criminal conviction of an abusive spouse shall be
considered in making a reduction or elimination of a spousal support
award in accordance with Section 4325.
(n) Any other factors the court determines are just and equitable."
 
Thanks I will pass this on... I feel for this guy cause he wants to do the right thing, yet he shouldn't be taken either... IMO this woman hasn't lifted a finger to get a job, they have no children etc... This guy even has medical issues with a bad back and still holds down a job to care for her? There must be more to it that I don't know about? I'm not saying he shouldn't help her b/c being married 20 years is a lot of time, but to what extent?? I guess getting an attorney would be his best option. I just doubt he will and will give her what ever guilt posseses him too... but then again its his issue not mine..
Thanks for all you do here everyone!!!!!
 

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