CALIFORNIA FAMILY LAW
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Spousal Support
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Amount
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Factors Considered
............Working Excessive Hours
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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.