CALIFORNIA FAMILY LAW
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Spousal Support
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Amount
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Factors Considered
............Assets of Paying Spouse
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When making spousal support award, court must consider all assets of paying spouse.
Trial ct. not restricted in its assessment of ability to pay to a consideration of salary alone, but may consider all the evidence concerning the parties' income, assets and abilities.
Court must not only be aware of H’s assets, but must also take them into consideration and apply them when arriving at spousal support award.
Court cannot require retired H to invade retirement principal to pay spousal support, only income from it.
Large support award affirmed, despite H's having no assets or income in his name, where he had use and control over them.
No discovery permitted where ability to pay any reasonable award stipulated.
Paying spouse may be forced to invade capital to pay support, fees and costs.
Not abuse of discretion to refuse to order H to pay temporary support from s/p assets.
Fraudulently conveyed property may be considered in setting support.
H's denial of W's allegations of his net worth and income, without stating affirmatively what they were, held equivalent to admission.