Domestic Violence

Effective January 1, 2019. New laws went into effect which can drastically affect the standard support paradigm.

California’s Domestic Violence salutes now interpose serious obstacles to an abusive spouse also being the supported spouse. The rationale is that no one should have to pay spousal support, or alimony, to his/her abuser.

If the court finds that documented evidence of any history of domestic violence exists, perpetrated by one spouse upon the other, or by either against a child in the home, the court can now substantially reduce or eliminate any award or obligation of spousal support to the abusive spouse.

On the other hand, if the court finds the abused spouse’s ability to work is so compromised by effects of abuse suffered, the court can also make support orders in greater amounts, and for extended durations, compared to what would be appropriate in a situation where no abuse occurred.

As always, what must be shown to the court to obtain these results depends on knowing the intricacies of the law in this area, and knowing how to get your evidence accepted and considered by the court. Whether you are the supporting or supported spouse, you may find yourself defending against – or needing to assert – Domestic Abuse issues in the context of a spousal support contest. If that is the case, contact Hartley Lamas Et Al, your Ventura Domestic Violence attorneys.