When requesting spousal /alimony or partner support (not child support) from your husband or wife in your Placer divorce or Sacramento Divorce, it is a smart idea to use the new optional forms which will make your request easier for the Sacramento or Placer family law judge to understand. These forms became available January 1, 2012.
You will attach these forms to your Order to Show Cause or Notice of Motion in addition to the Application for Orders. The spousal support form is called Spousal or Partner Support Declaration Attachment and is Form FL-157. It goes through the Family Code Section 4320 factors which are necessary for long-term spousal support, but not necessarily used for the court ordering temporary spousal support. Case law is clear that although Fam.C. 4320/4330 effectively preempt reliance on local court standardized schedules and computer software programs in fixing permanent spousal support orders, their use is ordinarily proper” and in fact encouraged” on the issue of temporary spousal support.
[Marriage of Winter (1992) 7 CA4th 1926, 1933, 10 CR2d 225, 228;
see Marriage of Olson (1993) 14 CA4th 1, 5, 17 CR2d 480, 483, fn. 3;
Marriage of Wittgrove (2004) 120 CA4th 1317, 1327â”1328, 16 CR3d 489, 496”497] ;
In a temporary spousal support request, the court may consider the needs and ability to pay, but there is not enough time at a pre-trial law and motion hearing to go through all the factors which is why the court almost routinely relies on the guideline formula (using X-Spouse). Yet this form will be helpful for the court to see the big picture right away and will ultimately be used when the court sets permanent or long-term spousal support at the end of your divorce.