CALIFORNIA FAMILY LAW
...Spousal Support
......Amount
.........Factors Considered
............Working Excessive Hours
5 Cards On This Topic:
  • Earning capacity for purposes of support award should be based upon income from a "reasonable work regimen," not an extraordinary one.
  • H not required to work extraordinary hours so as to approximate the marital standard of living.
  • Absent determination that average monthly net disposable income figure did not accurately reflect prospective earnings, error for court to exclude overtime and bonuses in c/s calculation.
  • Marital standard of living does not control when supported by H working excessive hours.
  • Overtime or second income may be treated differently when calculating reasonable amount of spousal support.