Sunday, February 22, 2009

What is Dissomaster?

Dissomaster is a program that calculates TEMPORARY guideline child and spousal support.

Temporary Spousal Support

The support that you're ordered to pay from the time you file for divorce until your divorce is final (a minimum of 6 months in California) is considered “temporary” support. Temporary support is usually set at a higher rate than permanent support.

In re the Marriage of ANDREA L. and MICHAEL P. SCHULZE, No. G015895, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 60 Cal. App. 4th 519; 70 Cal. Rptr. 2d 488; December 29, 1997, Decided: “Temporary support … usually is higher than permanent support because it is intended to maintain the status quo prior to the divorce.”

By the time my husband’s divorce was final, he'd paid at the higher “temporary” rate for more than 2 years (versus the 6-month period that it's intended to cover).

Dissomaster v. Permanent Support

Permanent spousal support is NOT supposed to be based on Dissomaster; it's supposed to be calculated by the Judge...and the Judge is NOT supposed to use Dissomaster as a guide.

In re the Marriage of ANDREA L. and MICHAEL P. SCHULZE, No. G015895, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 60 Cal. App. 4th 519; 70 Cal. Rptr. 2d 488; December 29, 1997, Decided: “The spousal support component of a permanent family support order must be based on the statutory factors enumerated in section 4320 of the Family Code, not pegged to a number generated by a computer program intended for use in calculating temporary support [DissoMaster].”

But be prepared: Even though--BY LAW--spousal support is NOT supposed to be based on Dissomaster, IT IS! It ALWAYS is!

My husband's permanent spousal support was also based on Dissomaster. When specifically questioned about this, his attorney chose to avoid the question rather than answer it. Attorneys don't want to argue this point with the judge. In fact, they're probably counting on the fact that you don't know this law.

You CAN fight this...but you'd better make sure that it will be worth the potentially enormous attorney fees that you're likely to incur, because you’ll probably have to take your case all the way to the Calfornia Court of Appeals. Then again, if you were (un)lucky enough to be married for 10+ years, it may be worth your while to fight this if you're looking at paying a large amount of spousal support for the rest of your ex's life!

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