How has the court been challenged for any abuse of discretion in awarding spousal and child support?

California, United States of America


The following excerpt is from In re Marriage of Rosana, D051927 (Cal. App. 2/11/2009), D051927 (Cal. App. 2009):

We review the challenged awards of spousal and child support for any abuse of discretion. (In re Marriage of de Guigne (2002) 97 Cal.App.4th 1353, 1366.) Although the family court has broad discretion to determine an amount of spousal support that is "just and reasonable, based on the standard of living established during the marriage," the court's decision must be based on the evidence, such as the resources of the parties. (Ibid.) In making underlying apportionments between separate and community property, no fixed standards apply, and the courts must use an approach that will achieve substantial justice between the parties. (Beam v. Bank of America (1971) 6 Cal.3d 12, 18; In re Marriage of Cheriton (2001) 92 Cal.App.4th 269, 304.)

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