Opposing temporary spousal support in California is the topic of this blog post.
The deadline to file and serve documents opposing temporary spousal support in California is at least nine (9) Court days before the hearing unless the court has ordered otherwise and the opposition should be served by personal service, overnight mail or a courier service that provides overnight delivery pursuant to Code of Civil Procedure section 1005.
Any party served with a request for order for temporary spousal support in California should first carefully review the motion and supporting documents to determine if the moving party has met their burden of showing both their need for temporary spousal support, and your ability to pay.
Common grounds for opposing temporary spousal support in California are that,
(1) the party requesting temporary spousal support has the ability and the opportunity to work but instead keeps quitting their jobs and refuses to work, instead expecting the other party to support them, and
(2) the party requesting temporary spousal support has failed to meet their burden of showing a need for temporary spousal support, and the ability of the other party to pay.
The first condition that must be shown before temporary spousal support can be ordered is a need for spousal support.
A California Court of Appeal has stated in a published decision that an award of temporary spousal support is usually based on a showing of two conditions: the moving party’s needs, and the other party’s ability to pay.
Another California Court of Appeal has stated in a published decision that a trial court can consider earning capacity in determining spousal support.
The California Supreme Court has stated that earning capacity is defined as the income the spouse is reasonably capable of earning based upon the spouse’s age, health, education, marketable skills, employment history, and the availability of employment opportunities.
Sample opposition for opposing temporary spousal support in California for sale.
Attorneys or parties in California that would like to view a portion of a sample 12 page opposition for opposing a request for temporary spousal support in California containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service sold by the author can see below.
Over 300 sample legal documents for California and Federal litigation for sale.
To view more information on over 300 sample legal documents for California and Federal litigation visit: https://legaldocspro.myshopify.com/products
The author of this blog post, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. He believes in Father’s Rights as he has seen first-hand the incredible bias against fathers in the family law courts in California. He is currently working on creating digital products that will assist fathers both in California and throughout the United States to represent themselves without an attorney in Court regarding custody and support issues.
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Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.