3. Family Code Section 4320 (n) Any other factors the court determines are just and equitable.
Equitable considerations are the most significant factor in these cases. The Legislature and the appellate courts specify guidelines which must be considered by trial courts in deciding spousal support issues, but in the final analysis trial courts must possess broad discretion to decide the applicability and weight of these guidelines as they apply to the facts and equities of each case.” [7]
I implore the court to consider the term “equitable” outside the scope of monetary concerns.
On one hand, the Petitioner has had substantial time to pursue her art and other interests while I took a job outside my main occupation as an artist and musician.
On the other hand, after more than fourteen years, I feel stuck and suffer burn-out. I need to take some time to pursue my own artistic interests—music and writing. I came to this country as a professional musician and eventually took an engineering job at Digidesign in order to support both myself and my wife. Petitioner resented work and continually found excuses to avoid contribution.
My job as an engineer is dry and lacks soul-feeding. Engineering has become a source of aggravation as downsizing and outsourcing work continues quarterly. Digidesign, which was mainly concerned with audio technology and excellence and had once been a thriving company, has been swallowed up by AVID Technology, a corporation whose main concern is profit. Salary freezes have been in place and the corporate environment has eroded and diminished my enjoyment of this work.
In reference to the concept of equity, Time=Money: I sincerely need time and a break. Petitioner’s status quo attitude DEMORALIZES my effort. Her lack of efforts towards independence keeps me stuck in an unhealthy and diminishing situation and in addition to the financial hardship already determined. The time for Petitioner to contribute to her own well-being has long passed.