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Family

Dec. 29, 2021

Judges need not show their work in setting spousal support

A recent appellate court ruling acknowledged that making express findings on each of the factors set forth in Family Code Section 4320 was the “better practice,” absent a question about whether the trial court even considered the pertinent factors, there is no abuse of discretion.

Franklin R. Garfield

Garfield & Tepper

Email: frank@frankgarfield.com

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In Marriage of Diamond, 2021 DJDAR 12600 (Dec. 9, 2021), the 2nd District Court of Appeal recognized and upheld the limits on a trial judge's obligation to consider the statutory factors in setting the amount of spousal support. While the court acknowledged that making express findings on each of the factors set forth in Family Code Section 4320 was the "bet...

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