Legal Question in Family Law in California

iI have heard that non temporary support is determined by the circumstances at the time of the support hearing. ans would like to know where I can get any legal documentation to back that up.


Asked on 10/23/11, 11:44 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Are you asking about child support or spousal support?

A spousal support order is supposed to be conssitent with thesupporting spouse's ability to pay determined at the time of the suppor thearing. (In re Marriage of Rosen (2002) 105 Cal.App.4th 808, 824. There is authority, however, that alters this where there is fluctuating income. (See In re Marriage of Riddle (2005) 125 Cal.App.4th 1075, 1081-1085.)

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Answered on 10/24/11, 9:26 am


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