CALIFORNIA FAMILY LAW
...Procedure After Trial/Hearing
......Statement of Decision/Findings/Reasons
.........On Specific Issues
............Spousal Support
 12 Cards On This Topic:
  • Statement of decision required at request of either party when spousal support order modified, terminated or set aside.
  • Factual findings as to standard of living during marriage required in spousal support matter.
  • Court must state reasons for denying a motion to reduce spousal support due to activation to United States military service or National Guard duty.
  • Where trial ct. issued Statement of Decision despite parties' failure to request one, court of appeal will look to it to determine whether order supported by the facts and law.
  • Absence of statement of decision fatal to appeal.
  • Failure of supported spouse to request statement of decision at prior hearing precluded review of later denial to reinstate spousal support.
  • Statement of decision cannot be based on court's assumption not supported by record.
  • Statement of decision in support matter which does not reveal amounts determined to be parties' incomes and expenses is inadequate.
  • If statement of decision is inadequate and called to court's attention, then no presumption in favor of prevailing party on that issue on appeal.
  • Factors listed in former Civil Code section 4801 (now Fam. Code §4320) offer guidelines to court in preparing statement of decision re spousal support.
  • Statement of decision in spousal support matter which does not reveal amounts determined to be parties' incomes and expenses is inadequate.
  • Finding that W was able to support herself insufficiently to meet former Civil Code section 4801 [replaced by Fam. Code §4320] requirements.


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