Ventura Family Law Attorney

Key Elements the Court Must Evaluate

In family law litigation, the "burden of proof" functions differently than in criminal cases. Instead of proving a crime, parties must provide evidence to support their requests for orders. When we represent you as your Ventura family law attorney, we focus on building a record based on the following elements:

• Best Interests of the Child: When determining custody and visitation, the court evaluates the child's health, safety, and welfare, as well as any history of abuse or substance use by either parent.
• The "Marital Standard of Living": For spousal support (alimony) determinations, the court looks at the lifestyle established during the marriage, the earning capacity of each party, and the duration of the marriage.
• Tracing of Assets: In complex property divisions, the court requires clear evidence to trace the source of funds. If you claim an asset is separate property, we must provide the financial paper trail to "rebut" the presumption of community property.
• Income and Earning Capacity: For child support, California uses a specific statewide uniform guideline. We ensure that all sources of income, including bonuses, self-employment earnings, and benefits, are accurately reported to the court.

Community Property and Asset Division

California is a "community property" state, which means that any assets or debts acquired during the marriage are generally owned equally by both spouses. However, the application of this rule can become complex when "commingling" occurs—such as using an inheritance to pay the mortgage on a family home.

Child Custody and the "Best Interests" Standard

Our firm guides you through the mandatory Child Custody Recommending Counseling (mediation) required by the Ventura Superior Court. We help you draft comprehensive parenting plans that address:

• Legal Custody: The right to make decisions regarding education, healthcare, and welfare.
• Physical Custody: Where the child will live and the specific visitation schedule.
• Holiday and Vacation Rotations: Ensuring clarity and reducing future friction.

Child and Spousal Support Calculations

Support orders are intended to maintain a standard of living and ensure that children’s needs are met. In 2025, California overhauled its child support formula (the "K factor") to better reflect the modern cost of living and income diversity.

• Child Support: The new formula proportionally shares add-on expenses (like medical and childcare) based on each parent's relative income, rather than a flat 50/50 split. There are also new protections for low-income parents, ensuring that support orders remain realistic and sustainable.
• Spousal Support (Alimony): Unlike child support, spousal support is not calculated by a rigid formula for final judgments. Courts consider the factors listed in Family Code § 4320, including:
  • The length of the marriage.
  • The marketable skills and earning capacity of each spouse.
  • The contribution of one spouse to the education or career of the other.
  • The goal that the supported party becomes self-sufficient within a "reasonable period of time."

Contact Sua Law Group today to secure a Ventura family law attorney who will fight for your rights. We offer cost-effective representation. Call us at (805) 515-4070 or contact us online. Hablamos español.