Pleading Forms Relating to Temporary Spousal Support for Married Persons,
and Temporary Partner Support for Same Sex Couples
Here are sample forms (we add them as we can find extra time) of Points and Authorities that can be adapted in cases for opposite sex and same sex couples in dissolution proceedings:
- Points and Authorities Regarding Temporary Spousal (Partner) Support Where Savings and Investments Was An Element of the Marital Standard of Living
This is a Reply Brief/Points and Authorities that Mike Peterson recently completed on a case we have involving a same-sex couple, where we have the less-empowered partner and the other partner earns approximately $500,000/year and our client much less.
The parties lived frugally, with the more powerful and partner putting all of the excess monies after expenses into accounts that he solely controls. Now he contends the parties separated long before we filed the Petition, and that because our client's expenses are modest he should receive temporary partner support below the Guideline figures - else it would be a windfall for our (supposedly) undeserving client. He also believes none of what was saved during the period of the legal relationship should be shared (surprise!), and that everything belongs to him.
These points and authorities also briefly address the date of separation principles to be applied, and the taxability of partner support under federal law in cases of registered domestic partners (as oppose to same-sex marriages). I thought Mike did a great job, and so that it was worthy of sharing with you! These are good legal authorities where you need to distinguish the purposes of judgment spousal or partner support from those that apply to temporary support orders until the conclusion of the case!