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How does abuse on supported spouse play a role in alimony and child support?
Anonymous3 views3 answers
On the FL157 form it ask about any documentation of abuse. If abuse was by SUPPORTING party. Is it all types of abuse physical and emotional? How does the court consider this even in a marriage that was past 16 years? What if emotional abuse continues even after divorce is final? what specifics are the courts looking for in this? convictions, prior filed police reports, police calls, letter from therapist? Is Documentation of proof of supporting party continuous acts of trying to financially harm the supported party also included in emotional abuse?
Laurie PetersDivorce / Separation LawyerCamarillo, CA ·
It is asking for documented evidence, that would be a filing of domestic violence. A hospital record, or other evidence that documented the abuse.
It is relevant as to both the supported party and they supporting party. If the supported party abused the supported party, there is a rebuttable presumption that no support will be awarded. If the supported party was abused, then it is evidence as to if or when the supported party can become self supporting based on battered spouse issues. Everything is relevant to support.
In any event, it is documented abuse this particular quarry is asking.
All of the evidence that you cited would be relevant. However, in Domestic Violence cases, it is usually a s/he said, s/he said situation. The Judge usually relies on whether s/he finds you credible in order to make a Domestic Violence finding.
If the person paying Support is an abuser, then you may be entitled to more Spousal Support pursuant to FC Section 4320. If you were unable to work regularly during the marriage, for example, due to a controlling ex, then that would be relevant to your work history.
Additionally, there is significant support in both the Family Code and case law for the position that survivors of violence are NOT required to pay their abusers Spousal Support.
In either case, please consult with an attorney to get a advice specific to your situation.
