Alan W. Metcalf, Attorney at Law

Spousal/Alimony support

The greater income usually pays the lower income some support up to ½ length of marriage if married less than 10 years. If married over 10 years the court can order payments for life, or until marry or die, unless the Parties agree in writing to a shorter period, often after (extra payment). It is critical to get the non working spouse to work as soon as possible. At the initial OSC, ie. The first hearing, the computer Dissomaster/Xspouse guideline schedule is used together with the Parties declarations under penalty of perjury as to their income, however the computer is not allowed to be used at Trial. At trial the Ct. Must use FC 4320(a)-(n), to establish lifestyle and amount of Need, usually ½ of gross income. Often a vocational expert is retained to assist the court in imputing income to the non or under working spouse. For the court to impute income they must find that a reasonable job is available and the party must have the qualifications.