Legal Question in Family Law in California

The judge decides spousal support if you have not settled by the time of trial. There is no chart that decides spousal support (except for temporary spousal support where the courts can use the Dissomaster program or equivalent). Spousal support is based on before tax income and expenses not after tax. Permanent support is decided based on the factors of Family Code 4320, These factors are:

4320. In ordering spousal support under this part, the court shall

consider all of the following circumstances:

(a) The extent to which the earning capacity of each party is

sufficient to maintain the standard of living established during the

marriage, taking into account all of the following:

(1) The marketable skills of the supported party; the job market

for those skills; the time and expenses required for the supported

party to acquire the appropriate education or training to develop

those skills; and the possible need for retraining or education to

acquire other, more marketable skills or employment.

(2) The extent to which the supported party's present or future

earning capacity is impaired by periods of unemployment that were

incurred during the marriage to permit the supported party to devote

time to domestic duties.

(b) The extent to which the supported party contributed to the

attainment of an education, training, a career position, or a license

by the supporting party.

(c) The ability of the supporting party to pay spousal support,

taking into account the supporting party's earning capacity, earned

and unearned income, assets, and standard of living.

(d) The needs of each party based on the standard of living

established during the marriage.

(e) The obligations and assets, including the separate property,

of each party.

(f) The duration of the marriage.

(g) The ability of the supported party to engage in gainful

employment without unduly interfering with the interests of dependent

children in the custody of the party.

(h) The age and health of the parties.

(i) Documented evidence of any history of domestic violence, as

defined in Section 6211, between the parties, including, but not

limited to, consideration of emotional distress resulting from

domestic violence perpetrated against the supported party by the

supporting party, and consideration of any history of violence

against the supporting party by the supported party.

(j) The immediate and specific tax consequences to each party.

(k) The balance of the hardships to each party.

(l) The goal that the supported party shall be self-supporting

within a reasonable period of time. Except in the case of a marriage

of long duration as described in Section 4336, a "reasonable period

of time" for purposes of this section generally shall be one-half the

length of the marriage. However, nothing in this section is intended

to limit the court's discretion to order support for a greater or

lesser length of time, based on any of the other factors listed in

this section, Section 4336, and the circumstances of the parties.

(m) The criminal conviction of an abusive spouse shall be

considered in making a reduction or elimination of a spousal support

award in accordance with Section 4324.5 or 4325.

(n) Any other factors the court determines are just and equitable.

Given that your husband seems to have an attorney and you don't, I would ask the court that your husband help you with the fees necessary to hire one.