CALIFORNIA FAMILY LAW
...Spousal Support
......Amount
.........Factors Considered
............Assets of Paying Spouse
10 Cards On This Topic:
  • 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.