In Re Marriage of Simpson

Opinion

GEORGE, J.

—In determining the appropriate amount of an award of spousal or child support, a trial court is authorized by statute to consider, among other factors, the “earning capacity,” as well as the actual income, of the spouse who is being ordered to pay support (hereafter, supporting spouse). (Civ. Code, §§ 4801, subd. (a), 4721.) The issue we must determine in this case is whether, when a supporting spouse has worked an abnormally high number of hours during the marriage in order to increase the family’s income, the trial court in determining the supporting spouse’s “earning…