Kochan v. Kochan

Opinion

BIGELOW, P. J.

Family Code section 4320 provides that the family law court “shall consider” the “earning capacity of each party” in ordering spousal support, but the decision whether to order support based on a party’s earning capacity rather than actual earnings is a matter within the court’s discretion. (See, e.g., In re Marriage of Rosen (2002) 105 Cal.App.4th 808, 825 [130 Cal.Rptr.2d 1].) In the case before us today, the family law court entered a spousal support order based in part upon a finding that a spouse with a 40-year employment history with the California State University…