section 4320 consider the mandatory guidelines (California) · Go Syfert
← California issues

section 4320 consider the mandatory guidelines in California

32 California opinions name it 1 courts 1999–2026 10 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
In Re the Marriage of Kerrgreen
calctapp · 1999 · cited in 7 California opinions naming this issue, 2001–2026
2 sentences

2014(See In re Marriage of Kerr (1999) 77 Cal.App.4th 87, 93 [“In awarding spousal support, the court must consider the mandatory guidelines of section 4320.

2012(Kerr, supra, 77 Cal.App.4th at p. 93 [“In making its spousal support order, the trial court possesses broad discretion so as to fairly exercise the weighing process contemplated by section 4320, with the goal of accomplishing substantial justice for the parties in the case before it.”].) “In awarding spousal support, the court must consider the mandatory guidelines of section 4320.” (Kerr, at p. 93, fn. omitted.) However, once it does so, “the ultimate decision as to amount and duration of spousal support rests within its broad discretion and will not be reversed on appeal absent an abuse of

47
In re Marriage of McLaingreen
calctapp · 2017 · cited in 6 California opinions naming this issue, 2019–2023
2 sentences

2022(Ibid.; In re Marriage of McLain (2017) 7 Cal.App.5th 262, 269 (McLain) [in awarding spousal support, the court must consider the mandatory guidelines of § 4320].) The court does not have discretion to ignore any relevant circumstance enumerated in the statute.

2022(Ibid.; In re Marriage of McLain (2017) 7 Cal.App.5th 262, 269 (McLain) [in awarding spousal support, the court must consider the mandatory guidelines of § 4320].) The court does not have discretion to ignore any relevant circumstance enumerated in the statute.

26
Nicole v. Leftgreen
calctapp · 2012 · cited in 2 California opinions naming this issue, 2015–2023
2 sentences

2023The Trial Court Did Not Abuse Its Discretion When Considering the Section 4320 Factors A trial court must consider the factors in section 4320 when determining whether a material change in circumstances has occurred.7 (In re Marriage of Left (2012) 208 Cal.App.4th 1137, 1150 (Left).) “The court has discretion as to the weight it gives to 7 Section 4320 requires courts to consider the following circumstances when issuing an order on spousal support: “(a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage . . .

2015(In re Marriage of Left (2012) 208 Cal.App.4th 1137, 1153, fn. 11 .) As relevant here, those factors include the marketable skills of the supported party and job market for those skills, the extent to which the supported party’s earning capacity is impaired by periods of unemployment during the marriage to permit the supported party to devote time to domestic duties, the ability of the supporting party to pay support, the needs of each party based on the standard of living established during the marriage, the ability of the supported party to engage in gainful employment without unduly interfe

22
In Re the Marriage of Ostler & Smithgreen
calctapp · 1990 · cited in 2 California opinions naming this issue, 1999–2012
2 sentences

1999“The issue of spousal support, including its purpose, is one which is truly personal to the parties.” (In re Marriage of Smith, supra, 225 Cal.App.3d at p. 481.) In awarding spousal support, the court must consider the mandatory guidelines of section 4320. 6 Once "the court does so, the ultimate decision as to amount and duration of spousal support rests within its broad discretion and will not be reversed on appeal absent an abuse of that discretion. (225 Cal.App.3d at pp. 479-480.) “Because trial courts have such broad discretion, appellate courts must act with cautious judicial restraint in

1999“The issue of spousal support, including its purpose, is one which is truly personal to the parties.” (In re Marriage of Smith, supra, 225 Cal.App.3d at p. 481.) In awarding spousal support, the court must consider the mandatory guidelines of section 4320. 6 Once "the court does so, the ultimate decision as to amount and duration of spousal support rests within its broad discretion and will not be reversed on appeal absent an abuse of that discretion. (225 Cal.App.3d at pp. 479-480.) “Because trial courts have such broad discretion, appellate courts must act with cautious judicial restraint in

22
Marriage of Maher and Strawngreen
calctapp · 2021 · cited in 2 California opinions naming this issue, 2023–2025
2 sentences

2025(Maher & Strawn, supra, 63 Cal.App.5th at p. 363.) Once it does so, it has broad discretion to issue a spousal support order that accomplishes substantial justice for the parties.

2023Once the court does so, the ultimate decision as to amount and duration of spousal support rests within its broad discretion and will not be reversed on appeal absent an abuse of that discretion. [Citation.] “Because trial courts have such broad discretion, appellate courts must act with cautious judicial restraint in reviewing these orders.” ’ ” [Citation.] An abuse of discretion occurs “ ‘when it can be said that no judge reasonably could have made the same order.’ ” ’ ” (In re Marriage of Maher & Strawn (2021) 63 Cal.App.5th 356 , 363, second bracketed insertion added.) Respondent’s Ability

12
In Re Marriage of Meegangreen
calctapp · 1992 · cited in 2 California opinions naming this issue, 2020–2023
2 sentences

2023Once the court does so, the ultimate decision as to amount and duration of spousal support rests within its broad discretion and will not be reversed on appeal absent an abuse of that discretion. [Citation.] “Because trial courts have such broad discretion, appellate courts must act with cautious judicial restraint in reviewing these orders.” ’ ” (In re Marriage of McLain (2017) 7 Cal.App.5th 262, 269 .) An abuse of discretion occurs only “ ‘when it can be said that no judge reasonably could have made the same order.’ ” (In re Marriage of Meegan (1992) 11 Cal.App.4th 156, 161 .) B.

2020Once the court does so, the ultimate decision as to amount and duration of spousal support rests within its broad discretion and will not be reversed on appeal absent an abuse of that discretion. [Citation.] “Because trial courts have such broad discretion, appellate courts must act with cautious judicial restraint in reviewing these orders.” ’ ” (In re Marriage of McLain (2017) 7 Cal.App.5th 262, 269 .) An abuse of discretion occurs “ ‘when it can be said that no judge reasonably could have made the same order.’ ” (In re Marriage of Meegan (1992) 11 Cal.App.4th 156, 161 (Meegan).) Mou contend

12
In Re the Marriage of Smithgreen
calctapp · 1990 · cited in 2 California opinions naming this issue, 1999–2015
2 sentences

2015Once the court does so, the ultimate decision as to amount and duration of spousal support rests within its broad discretion and will not be reversed on appeal absent an abuse of that discretion. [Citation.] ‘Because trial courts have such broad discretion, appellate courts must act with cautious judicial restraint in reviewing these orders.’” (In re Marriage of Kerr (1999) 77 Cal.App.4th 87, 93 , fn. omitted.) “‘A trial court’s exercise of discretion will not be disturbed on appeal unless, as a matter of law, an abuse of discretion is shown—i.e.,—where, considering all the relevant circumstan

1999“The issue of spousal support, including its purpose, is one which is truly personal to the parties.” (In re Marriage of Smith, supra, 225 Cal.App.3d at p. 481.) In awarding spousal support, the court must consider the mandatory guidelines of section 4320. 6 Once "the court does so, the ultimate decision as to amount and duration of spousal support rests within its broad discretion and will not be reversed on appeal absent an abuse of that discretion. (225 Cal.App.3d at pp. 479-480.) “Because trial courts have such broad discretion, appellate courts must act with cautious judicial restraint in

12
In Re Marriage of Arceneauxgreen
cal · 1990 · cited in 1 California opinions naming this issue, 2026–2026
1 sentence

2026“A judgment or order of a lower court is presumed to be correct on appeal, and all intendments and 9 presumptions are indulged in favor of its correctness.” (In re Marriage of Arceneaux (1990) 51 Cal.3d 1130, 1133 (Arceneaux).)3 Gila also argues the trial court made various errors in its statement of decision, including the amount of interest she would receive on her investment income, failure to consider investment returns on the assets Ayal was awarded, and improperly equating taxable rental receipts with non- taxable spousal support.

11
Marriage of Kahan & Diamondgreen
calctapp · 2021 · cited in 1 California opinions naming this issue, 2023–2023
1 sentence

2023The Trial Court Did Not Abuse Its Discretion When Considering the Section 4320 Factors A trial court must consider the factors in section 4320 when determining whether a material change in circumstances has occurred.7 (In re Marriage of Left (2012) 208 Cal.App.4th 1137, 1150 (Left).) “The court has discretion as to the weight it gives to 7 Section 4320 requires courts to consider the following circumstances when issuing an order on spousal support: “(a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage . . .

11
Shimkus v. Shimkusgreen
calctapp · 2016 · cited in 1 California opinions naming this issue, 2023–2023
1 sentence

2023The Trial Court Did Not Abuse Its Discretion When Considering the Section 4320 Factors A trial court must consider the factors in section 4320 when determining whether a material change in circumstances has occurred.7 (In re Marriage of Left (2012) 208 Cal.App.4th 1137, 1150 (Left).) “The court has discretion as to the weight it gives to 7 Section 4320 requires courts to consider the following circumstances when issuing an order on spousal support: “(a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage . . .

11
In Re Marriage of Poppegreen
calctapp · 1979 · cited in 1 California opinions naming this issue, 2012–2012
2 sentences

2012However, the converse is not true; a showing of changed circumstances does not necessarily mandate a modification of spousal support.” (In re Marriage of Poppe (1979) 97 Cal.App.3d 1, 10 [ 158 Cal.Rptr. 500 ].) Even assuming the mere fact that appellant Madhu was a Ph.D. student and not employed full time constituted a material change of circumstances, the appellate record does not establish that the superior court failed to consider all relevant evidence of the section 4320 circumstances that was presented or abused its discretion in denying appellant’s motion.

2012However, the converse is not true; a showing of changed circumstances does not necessarily mandate a modification of spousal support.” (In re Marriage of Poppe (1979) 97 Cal.App.3d 1, 10 [ 158 Cal.Rptr. 500 ].) Even assuming the mere fact that appellant Madhu was a Ph.D. student and not employed full time constituted a material change of circumstances, the appellate record does not establish that the superior court failed to consider all relevant evidence of the section 4320 circumstances that was presented or abused its discretion in denying appellant’s motion.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (19)

CaseCitedYears
Cheriton v. Fraser red
calctapp · 2001
2 sentences

2016To the contrary, the trial judge must both recognize and apply each applicable statutory factor in setting spousal support. [Citations].” (Cheriton, supra, 92 Cal.App.4th at p. 304 .) The standard of review for an order of permanent spousal support is therefore abuse of discretion. “ ‘In awarding spousal support, the court must consider the mandatory guidelines of section 4320.

2015(Cheriton, supra, 92 Cal.App.4th at p. 304 .) “In making its spousal support order, 6. the trial court possesses broad discretion so as to fairly exercise the weighing process contemplated by section 4320, with the goal of accomplishing substantial justice for the parties in the case before it.… In awarding spousal support, the court must consider the mandatory guidelines of section 4320.

42014–2023
In Re Marriage of Jovel green
calctapp · 1996
2 sentences

2018As the record supports the trial court's findings regarding Tonya's unnecessary and overly litigious conduct, we defer to the court's determination of the reasonable amount of attorney's fees necessary for the litigation. ( Jovel , supra , 49 Cal.App.4th at p. 588 , 56 Cal.Rptr.2d 740 .) Tonya also contends the court failed to consider the factors enumerated in section 4320 in determining the amount of the award.

2018As the record supports the trial court's findings regarding Tonya's unnecessary and overly litigious conduct, we defer to the court's determination of the reasonable amount of attorney's fees necessary for the litigation. ( Jovel , supra , 49 Cal.App.4th at p. 588 , 56 Cal.Rptr.2d 740 .) Tonya also contends the court failed to consider the factors enumerated in section 4320 in determining the amount of the award.

32018–2018
Ciprari v. Ciprari (In re Ciprari) green
calctapp · 2019
2 sentences

2022The court must recognize and apply each applicable statutory factor in setting spousal support. ( Ciprari, supra, 32 Cal.App.5th t p. 108.) (a) Modification Based on Retroactive Application of the Unconscionability Finding Kim seeks modification based upon invalidation of the PMA.

2022The court must recognize and apply each applicable statutory factor in setting spousal support. ( Ciprari, supra, 32 Cal.App.5th t p. 108.) (a) Modification Based on Retroactive Application of the Unconscionability Finding Kim seeks modification based upon invalidation of the PMA.

22022–2022
In Re Marriage of Nelson green
calctapp · 2006
2 sentences

2019To the contrary, the trial judge must both recognize and apply each applicable statutory factor in setting spousal support." ( In re Marriage of Nelson (2006) 139 Cal.App.4th 1546 , 1559, 44 Cal.Rptr.3d 52 .) In this case, the court discussed its consideration and application of the section 4320 factors and circumstances, to the extent applicable, in its statement of decision: "After the division of assets set forth herein, the Court finds that neither party will have any debt.

2019To the contrary, the trial judge must both recognize and apply each applicable statutory factor in setting spousal support." ( In re Marriage of Nelson (2006) 139 Cal.App.4th 1546 , 1559, 44 Cal.Rptr.3d 52 .) In this case, the court discussed its consideration and application of the section 4320 factors and circumstances, to the extent applicable, in its statement of decision: "After the division of assets set forth herein, the Court finds that neither party will have any debt.

22019–2019
In Re Marriage of West green
calctapp · 2007
2 sentences

2016It includes all factors affecting need and the ability to pay.” (In re Marriage of West (2007) 152 Cal.App.4th 240, 246 .) The requirement that there be a showing of a material change of circumstances is “to prevent parties from relitigating issues that the court has previously addressed.” (In re Marriage of Freitas (2012) 209 Cal.App.4th 1059 , 1071- 1072.) “Whether a modification of a spousal support order is warranted depends upon the facts and circumstances of each case.” (In re Marriage of Hoffmeister (1987) 191 Cal.App.3d 351, 357 .) In deciding a motion to modify a spousal support order

2013(In re Marriage of Mosley, supra, 165 Cal.App.4th at p. 1386 ; In re Marriage of West (2007) 152 Cal.App.4th 240, 246 .) Ms. Smith argues the trial court failed to consider the factors in Family Code section 4320: “In ordering spousal support under this part, the court shall consider all of the following circumstances: [¶] (a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following: [¶] (1) The marketable skills of the supported party; the job market for those skills; the t

22013–2016
Marriage of Deluca green
calctapp · 2020
1 sentence

2023(In re Marriage of Deluca (2020) 45 Cal.App.5th 184 , 195 (Deluca).) The court in In re Marriage of Brewster & Clevenger (2020) 45 Cal.App.5th 481 examined the meaning of “documented evidence” in section 4325, subdivision (b), which allows a convicted spouse to rebut the presumption against an award of spousal support by documented evidence of domestic violence perpetrated by the other spouse.

12023–2023
Marriage of Brewster and Clevenger green
calctapp · 2020
1 sentence

2023(In re Marriage of Deluca (2020) 45 Cal.App.5th 184 , 195 (Deluca).) The court in In re Marriage of Brewster & Clevenger (2020) 45 Cal.App.5th 481 examined the meaning of “documented evidence” in section 4325, subdivision (b), which allows a convicted spouse to rebut the presumption against an award of spousal support by documented evidence of domestic violence perpetrated by the other spouse.

12023–2023
Benach v. County of Los Angeles green
calctapp · 2007
2 sentences

2023(Meridian v. Financial Services, Inc. v. Phan (2021) 67 Cal.App.5th 657 , 684; Benach, supra, 149 Cal.App.4th at p. 852 .) However, we discern no error on our review of the record. “ ‘In awarding spousal support, the court must consider the mandatory guidelines of section 4320.

2023(Meridian v. Financial Services, Inc. v. Phan (2021) 67 Cal.App.5th 657 , 684; Benach, supra, 149 Cal.App.4th at p. 852 .) However, we discern no error on our review of the record. “ ‘In awarding spousal support, the court must consider the mandatory guidelines of section 4320.

12023–2023
In Re Marriage of Clements green
calctapp · 1982
1 sentence

2016(In re Marriage of Shaughnessy (2006) 139 Cal.App.4th 1225, 1235 .) Those statutory factors include (1) “[t]he extent to which the earning capacity of each party is sufficient to maintain the standard of living 6 At oral argument, the parties agreed that the hearing—transcribed in a four-page reporter’s transcript—was approximately six minutes in duration. 9 established during the marriage”; (2) the supporting party’s ability to pay support, based upon his or her “earning capacity, earned and unearned income, assets, and standard of living”; (3) the parties’ respective needs, “based on the sta

12016–2016
In Re Marriage of Hoffmeister green
calctapp · 1987
1 sentence

2016It includes all factors affecting need and the ability to pay.” (In re Marriage of West (2007) 152 Cal.App.4th 240, 246 .) The requirement that there be a showing of a material change of circumstances is “to prevent parties from relitigating issues that the court has previously addressed.” (In re Marriage of Freitas (2012) 209 Cal.App.4th 1059 , 1071- 1072.) “Whether a modification of a spousal support order is warranted depends upon the facts and circumstances of each case.” (In re Marriage of Hoffmeister (1987) 191 Cal.App.3d 351, 357 .) In deciding a motion to modify a spousal support order

12016–2016
Freitas v. Freitas green
calctapp · 2012
1 sentence

2016It includes all factors affecting need and the ability to pay.” (In re Marriage of West (2007) 152 Cal.App.4th 240, 246 .) The requirement that there be a showing of a material change of circumstances is “to prevent parties from relitigating issues that the court has previously addressed.” (In re Marriage of Freitas (2012) 209 Cal.App.4th 1059 , 1071- 1072.) “Whether a modification of a spousal support order is warranted depends upon the facts and circumstances of each case.” (In re Marriage of Hoffmeister (1987) 191 Cal.App.3d 351, 357 .) In deciding a motion to modify a spousal support order

12016–2016
In Re Marriage of Shaughnessy green
calctapp · 2006
1 sentence

2016(In re Marriage of Shaughnessy (2006) 139 Cal.App.4th 1225, 1235 .) Those statutory factors include (1) “[t]he extent to which the earning capacity of each party is sufficient to maintain the standard of living 6 At oral argument, the parties agreed that the hearing—transcribed in a four-page reporter’s transcript—was approximately six minutes in duration. 9 established during the marriage”; (2) the supporting party’s ability to pay support, based upon his or her “earning capacity, earned and unearned income, assets, and standard of living”; (3) the parties’ respective needs, “based on the sta

12016–2016
City of Lincoln v. Barringer green
calctapp · 2002
1 sentence

2015However, to support his contentions, husband does not provide any citations to the record in the argument section of his briefs, as required by California Rules of Court, rule 8.204(a)(1)(C).5 (See City of Lincoln v. Barringer (2002) 102 Cal.App.4th 1211, 1239 .) As an appellant, husband “must do more 5 California Rules of Court, rule 8.204(a)(1) reads, in pertinent part: “Each brief must: [¶] . . .

12015–2015
In Re Marriage of Blazer green
calctapp · 2009
1 sentence

2015(In re Marriage of Blazer (2009) 176 Cal.App.4th 1438, 1442 ; In re Marriage of de Guigne (2002) 97 Cal.App.4th 1353, 1366 .) Case law has recognized the court may consider other factors enumerated in section 4320 when making a temporary spousal support order.

12015–2015
Guigne v. Guigne green
calctapp · 2002
1 sentence

2015(In re Marriage of Blazer (2009) 176 Cal.App.4th 1438, 1442 ; In re Marriage of de Guigne (2002) 97 Cal.App.4th 1353, 1366 .) Case law has recognized the court may consider other factors enumerated in section 4320 when making a temporary spousal support order.

12015–2015
Khera v. Sameer green
calctapp · 2012
1 sentence

2015(Id., subds. (c), (d).) At the time of the permanent spousal support order in 2009,10 Husband's average monthly income was $8,578, and Husband's average monthly expenses were $6,182 — leaving Husband with net expendable income of $2,396.11 In support of his RFO in 2013, Husband's average monthly income was $11,197, and Husband's average monthly expenses were $7,834 — leaving Husband with net expendable income of $3,363.12 Thus, in 2013, even considering Husband's obligations associated with his new family in San Diego and the repayment of his student loan, Husband had on average $976 more in m

12015–2015
In RE MARRIAGE OF McCANN green
calctapp · 1996
1 sentence

2015We begin with the understanding that, for purposes of modifying 7 support, a "[c]hange of circumstances means a reduction or increase in the supporting spouse's ability to pay and/or an increase or decrease in the supported spouse's needs." (McCann, supra, 41 Cal.App.4th at p. 982 .) The supporting party's ability to pay and the supported spouse's needs, of course, are among the factors the court is required to consider under section 4320.

12015–2015
In Re Marriage of Wittgrove green
calctapp · 2004
1 sentence

2014(Marriage of Wittgrove, supra, 120 Cal.App.4th at p. 1327 .) Review of the trial court’s remarks indicates that it felt the marital standard of living was an issue which required further discovery based upon Husband’s representations that the parties spent far beyond their means.

12014–2014
In Re Marriage of Mosley green
calctapp · 2008
1 sentence

2013(In re Marriage of Mosley, supra, 165 Cal.App.4th at p. 1386 ; In re Marriage of West (2007) 152 Cal.App.4th 240, 246 .) Ms. Smith argues the trial court failed to consider the factors in Family Code section 4320: “In ordering spousal support under this part, the court shall consider all of the following circumstances: [¶] (a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following: [¶] (1) The marketable skills of the supported party; the job market for those skills; the t

12013–2013

Statutes the citing opinions construe

CA § Cal. Family Code § 4320 (32)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

← Caselaw search · G Cite Topics · Brief Check