Chapter 2. Factors to Be Considered in Ordering Support - California Family Code Section 4325

4325.  (a) In any proceeding for dissolution of marriage where there
is a criminal conviction for an act of domestic violence perpetrated
by one spouse against the other spouse entered by the court within
five years prior to the filing of the dissolution proceeding, or at
any time thereafter, there shall be a rebuttable presumption
affecting the burden of proof that any award of temporary or
permanent spousal support to the abusive spouse otherwise awardable
pursuant to the standards of this part should not be made.
   (b) The court may consider documented evidence of a convicted
spouse's history as a victim of domestic violence, as defined in
Section 6211, perpetrated by the other spouse, or any other factors
the court deems just and equitable, as conditions for rebutting this
   (c) The rebuttable presumption created in this section may be
rebutted by a preponderance of the evidence.

Section: Previous  4320  4321  4322  4323  4324  4324.5  4325  4326  Next

Last modified: February 16, 2015