Can a party in a California divorce case collect spousal support when the other parent is the primary custodial parent? Many of time I had seen a party offet their child support obligation with a spousal support order. This would typically occur when the spouse who was not the primary custodial parent, was the low income earner for the family. That is they made less money then their mate who was primarily responsible for the children. However, in a recent case (Fick), the California court made an order that wife, who was also the primary custodial parent of the couple’s children, pay spousal support was an abuse of discretion. Independent of any imputation based on wife’s earning capacity, husband was self-supporting and didn’t need the support.
If you have a California child support or spousal support case and need expert guidenace, please call the Law Offices of Paul A. Eads at (626) 524-8418. We are located in Covina, Ca.