CALIFORNIA FAMILY LAW
...Spousal Support
......Temporary Support Orders
.........Cases Discussing
 13 Cards On This Topic:
  • Legal principles involved in setting temporary spousal support.
  • When retroactively modifying support, the trial ct. should use tax return for the year in question rather than a return for the previous year.
  • Trial court did not abuse its discretion in calculating W's support obligations on the basis of her reduced income as an 80%-time attorney rather than her full-time earnings capacity.
  • Purpose of temporary spousal support; award not based on Fam. Code §4320 factors.
  • Interim support may be ordered, even if indefinite reservation not warranted.
  • If supported spouse did well on pendente lite award, not an abuse of discretion to continue it in permanent award.
  • If supported spouse did well on pendente lite award, not an abuse of discretion to continue it in permanent award.
  • Temporary support properly denied to W who supported herself for 5 years since separation.
  • Since the settlement agreement waiving s/s had not been judicially approved and was challenged, it was not a bar to a pendente lite award.
  • If party possesses independent means in sufficient amount to live in accustomed manner without impairing capital of separate estate, no allowance should be granted.
  • Court has jurisdiction to make sua sponte temporary spousal support order.
  • Court has jurisdiction to award temporary spousal support while it determines if requesting spouse’s waiver is valid.
  • Cases discussing temporary spousal support.


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