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In Re Marriage Of Simpson

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eBook details

  • Title: In Re Marriage Of Simpson
  • Author : Supreme Court Of California
  • Release Date : January 17, 1992
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

In determining the appropriate amount of an award of spousal or child support, a trial court is authorized by statute to consider, among other factors, the "earning capacity," as well as the actual income, of the spouse who is being ordered to pay support (hereafter, supporting spouse). (Civ. Code, § 4801, subd. (a), 4721.)*fn1 The issue we must determine in this case is whether, when a supporting spouse has worked an abnormally high number of hours during the marriage in order to increase the family's income, the trial court in determining the supporting spouse's "earning capacity" should look to the income generated by the unusually rigorous work regimen or, instead, to the income which the supporting spouse would be capable of earning on the basis of a "normal" (i.e.,


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