What is the test for determining the proper amount of spousal support awarded by a judge?

California, United States of America


The following excerpt is from Marriage of Fransen, In re, 142 Cal.App.3d 419, 190 Cal.Rptr. 885 (Cal. App. 1983):

[142 Cal.App.3d 424] Section 4801, subdivision (a), of the Civil Code 5 sets forth the standards a court must follow in determining the proper amount of spousal support to be awarded. Though wide discretion is vested in a trial court in determining this amount, the discretion exercised is not unlimited and may not be arbitrary. (In re Marriage of Melton (1980) 107 Cal.App.3d 559, 564, 165 Cal.Rptr. 753.) Any award is considered arbitrary if no reasonable judge would have made a similar order under the same circumstances. (In re Marriage of Winick (1979) 89 Cal.App.3d 525, 528, 152 Cal.Rptr. 635.) Finally, we note the well admonished rule of appellate review which finds a presumption that the court performed its duties in a regular and correct manner absent a clear showing to the contrary. (See Denham v. Superior Court (1970) 2 Cal.3d 557, 564, 86

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