I am talking about spousal support of course. And more particularly, a special function on the Dissomaster computer program that the Courts and attorneys use to calculate guideline support. Child support is based upon guideline support, whether your case has made its way to final judgment or not.
The idea behind having guideline support to being with is that in theory, the parties should be able to arrive at the same, if not a similar number for purposes of calculating support. This promotes efficiency and settlement. In practice however, the parties do not often arrive at the same number. So far I have mentioned child support. Temporary spousal support can be calculated using the same Dissomaster calculations. By temporary, I mean spousal support to be paid prior to the entry of judgment. What if a Judge were to set permanent spousal support using the guideline? Well, if the case was appealed, that judge would be reversed. The reason is that unlike temporary support, permanent support is supposed to be based upon a number of factors contained in Family Law Code Section 4320. If a judge were simply to use the Dissomaster calculation without weighing the 4320, that judge would be reversed.
Let us say we are trying to settle a case out of court and we get to the part about permanent spousal support (again meaning support after judgment and not necessarily support forever). How do the parties attempt to negotiate a settlement when the 4320 factors are can be pretty subjective. There is an unofficial recognition that permanent spousal support awards can range from 10 percent to 20 percent less than the temporary amount set. In the Dissomaster program, if you hit Control B, the program provides you with a modified calculation which attorneys, retired judges acting as mediators and some Judges on the bench will use to calculate permanent support. This is a simple and straightforward way to potentially resolve the issue of permanent support for purposes of settling a case. If your case goes to trial, the Court will have to weigh the 4320 factors. It has no choice. But Control B can be a useful tool in resolving the issue of the amount of permanent support. Duration of the payments and the jurisdiction of the court to award further support are yet other variables which should also be addressed.
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