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4320 Factors Form

State:
California
Control #:
CA-FL-349
Format:
PDF
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Description

This official form states your agreement or the court's findings (conclusions) about the facts that must be considered before making orders for long term spousal or domestic support. California Spousal or Domestic Partner Support Factors Under Family Code Section 4320 — Attachment are a set of guidelines that courts use to determine the amount of spousal or domestic partner support, also known as alimony, that is to be paid in California. These factors are outlined in California Family Code Section 4320 and are intended to ensure that the amount of spousal or domestic partner support is fair and equitable. The factors include the following: 1. The length of the marriage or domestic partnership. 2. The earning capacity of each spouse or domestic partner, including their educational background, training, employment skills, work experience, and length of absence from the job market. 3. The needs of each party based on the standard of living established during the marriage or domestic partnership. 4. The obligations and assets of each party, including separate property and community property. 5. The ability of each party to pay spousal support, taking into account the party’s earning capacity, earned and unearned income, assets, and standard of living. 6. The age and health of the parties. 7. Documented evidence of any history of domestic violence, including, but not limited to, consideration of emotional distress resulting from such violence. 8. The immediate and specific tax consequences of each party. 9. The balance of the hardships to each party. 10. The goal that the supported party shall be self-supporting within a reasonable period of time. 11. The criminal conviction of an abusive spouse or domestic partner shall be considered in making a reduction or elimination of a spousal support award in accordance with the circumstances of the parties. These factors are taken into consideration by the court when determining the amount of spousal or domestic partner support to be paid. The court has the discretion to consider any other factors that it deems relevant in determining the amount of support, so long as they are consistent with the principles of California Family Code Section 4320.

California Spousal or Domestic Partner Support Factors Under Family Code Section 4320 — Attachment are a set of guidelines that courts use to determine the amount of spousal or domestic partner support, also known as alimony, that is to be paid in California. These factors are outlined in California Family Code Section 4320 and are intended to ensure that the amount of spousal or domestic partner support is fair and equitable. The factors include the following: 1. The length of the marriage or domestic partnership. 2. The earning capacity of each spouse or domestic partner, including their educational background, training, employment skills, work experience, and length of absence from the job market. 3. The needs of each party based on the standard of living established during the marriage or domestic partnership. 4. The obligations and assets of each party, including separate property and community property. 5. The ability of each party to pay spousal support, taking into account the party’s earning capacity, earned and unearned income, assets, and standard of living. 6. The age and health of the parties. 7. Documented evidence of any history of domestic violence, including, but not limited to, consideration of emotional distress resulting from such violence. 8. The immediate and specific tax consequences of each party. 9. The balance of the hardships to each party. 10. The goal that the supported party shall be self-supporting within a reasonable period of time. 11. The criminal conviction of an abusive spouse or domestic partner shall be considered in making a reduction or elimination of a spousal support award in accordance with the circumstances of the parties. These factors are taken into consideration by the court when determining the amount of spousal or domestic partner support to be paid. The court has the discretion to consider any other factors that it deems relevant in determining the amount of support, so long as they are consistent with the principles of California Family Code Section 4320.

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4320 Factors Form