CALIFORNIA FAMILY LAW
...Spousal Support
......Amount
.........Factors Considered
............Domestic Violence/Abuse
7 Cards On This Topic:

In denying an award of s/s, trial ct. properly considered spouse's domestic violence under FC §4320 (n).

Section 4325 is retroactive and W was not prejudiced by its application.

A DV conviction resulting from a nolo contendere plea may be the basis for a finding of domestic abuse triggering a presumption against spousal support.

DV is the only issue that the Legislature has expressly mandated that a trial court consider in determining whether to award temporary spousal support.

As s/s request in dissolution is not based on the same primary right as a DV tort action, W not necessarily precluded from seeking damages for alleged acts of DV and also asking family court to consider same acts of DV in awarding s/s.

Court properly considered H's history of DV in reallocating back c/s to s/s.

W failed to rebut FC presumption that s/s award not be made to spouse convicted of intraspousal DV; public policy against enforcing settlement agreement's nonmodifiable s/s provision clearly outweighed interest in its enforcement.