[DOWNLOAD] "In Re Marriage of Olson" by First Appellate District, Division Five Court of Appeal of California * Book PDF Kindle ePub Free

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eBook details

• Title: In Re Marriage of Olson
• Author : First Appellate District, Division Five Court of Appeal of California
• Release Date : January 11, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

[14 CalApp4th Page 3] In this case we hold that delegation of judicial authority to a special master to make factual findings and exercise judgment in determining the income of the parties for the purpose of setting spousal support is an abuse of discretion, unless done by agreement of the parties. Although it will usually be an abuse of discretion to use a computer program designed to compute temporary spousal support for the determination of permanent spousal support, or a modification thereof, we affirm the procedure under the particular facts of this case, where there was fluctuating income each month and the court, having considered the statutory factors, determined this program would provide a fair method to fix the proper amount of permanent spousal support. Finally, we hold that trial courts possess broad discretion to include, exclude or partially include contributions to individual retirement plans, and earnings or accruals of such plans not actually withdrawn, as income available for determining the amount to be ordered for spousal support.

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