Example trial issue: spousal support
Understand how the judge makes decisions about spousal support
At the trial, you prove to a judge that your position on spousal support is the correct one. To prove this, you need to know how a judge makes decisions about support.
At a spousal support trial, a judge will decide:
- How long support will last (duration)
- The amount of support
- If support will change over time (step up or down)
- When support will end
To make a decision on each of these issues, a judge must consider what the law says and evidence you and your spouse present at trial. To prepare for trial, you'll need to know what the law says, so you can figure out what evidence you'll need to present.
Find out what the law says about the issue
Start by doing some research. A law library is a good place to research more about the law. You can hire a lawyer to help you prepare. Your court's Self-Help Center may have resources.
Family Code section 4320 lists over a dozen factors a judge must consider when deciding spousal support, including:
- Age and health
- Length of marriage
- Amount of property and debts
- If one spouse supported the other's education
Some factors are more complex, like the marital standard of living and need and ability to pay.
Once you know what the law says about an issue, you can start to think of what evidence you have or need to show that the law supports your side.
Figure out what evidence you need to prove your side
At trial, you will need to either bring evidence, like documents or have someone, a witness, testify in court. Testify means a person comes to court and answers questions under oath.
The judge will consider anything evidence that you or your spouse says or shows at trial that is relevant. Relevant means something that helps the judge decide the issue. The judge will consider this evidence and how it relates to the law on spousal support.
Examples: Using evidence to prove your position on spousal support
Spousal support is a complex issue. What type of evidence you need to show depends on your situation. Here are some examples:
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Example 1
Evidence to show marital standard of living
- Receipts or credit card statements with vacations, dining out, etc.
- Prior years tax returns.
- Testimony about how you spend money.
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Example 2
Evidence to show ability to pay
- Copy of investment income statements
- Copies of credit card and bank statements
Use discovery to get the evidence you want for trial
As you prepare for trial, think about what type of evidence a judge would need to see or hear to decide the issue in your case.
- Write down the evidence you need to get
- Make a plan for how to get that evidence
Once you figure out what evidence you need, you can use a court process called discovery to get it.
Learn how to use discovery to get evidence