Exploring the Pedagogical Implications of Spousal Support Decisions: A Dive into California Family Law Code 4320

Family law is an important component within social pedagogy, and as such it forms a bridge between the realms of social science and law/education that can elucidate the conjunction between the two. The social fundaments of a society can be gleaned from understanding social contract theory and civil legal systems and notions, and the relationship between a family system and relevant social structures makes for an important pedagogical point from which to teach future generations of social pedagogists. For example, one important portion of California family law code 4320 involves spousal support, and the circumstances under which support can be ordered are defined under California Family Law Code 4320. This legal code states that: In ordering spousal support under this part, the court shall consider all of the following circumstances: (a) The extent to which the earning abilities of the parties and the present and future needs of each party may be unrelated to the marital standard of living. (b) The extent to which the supported party contributed to the attainment of an education, training, a career position, or the acquisition of property by the other party. (c) The need of the supported party to engage in gainful employment, including the extent to which the supported party’s present or future earning capacity is impaired by periods of unemployment during the marriage. (d) The obligations and assets, including the separate estate, of each party. (e) The duration of the marriage. (f) The ability of the supported party to: 1. Be employed without interfering with the interests of dependent children in the custody of the party. 2. Make sufficient earnings to maintain the standard of living established during the marriage. (g) The standard of living of the parties during the marriage. (h) The tax consequences to each party. (i) The balance of hardships to each party. (j) The goal that the supported party shall be self-supporting within a reasonable period of time. (k) The criminal conviction of an abusive partner pursuant to Section 4325. (l) The other factors the court determines are just and equitable.

The application of the law is always an important element in understanding the import of the law, and likewise with social pedagogy. The study of social systems should involve the actual study of social systems, but academics has essential theoretical components, and so different law school curriculums can incorporate different approaches to understanding social systems. Many times critiques of law school curriculums indicate that one of the things that’s lacking with most curriculums is a lack of focus on the role of family in society, and by extension, social structures. With that in mind, an understanding of California’s family code sections, which provide information about the sociology involved with legal codes, can provide insights into what elements can be incorporated into an academic curriculum for those who are studying to be practicing social pedagogists.

For more information on family law, you can visit the Wikipedia page on Family Law.