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OPPOSITION TO REQUEST FOR TEMPORARY SPOUSAL SUPPORT
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6 this document.
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I.
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STATEMENT OF FACTS
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The parties were married on LIST DATE and separated on LIST DATE.
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11 Petitioner contends that the Court should refuse to award spousal support to the Respondent
12 on the grounds that the Respondent has the ability and the opportunity to work but instead keeps
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quitting his jobs and refuses to work, instead expecting the Petitioner to support him as she did most
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of their marriage.
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Petitioner contends that the Court should impute a monthly income of $___ to the
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17 Respondent, or in the alternative that the Court order the Respondent to submit to a vocational
18 evaluation.
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OPPOSITION TO REQUEST FOR TEMPORARY SPOUSAL SUPPORT
1 II.
2 LEGAL ARGUMENT
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A. THE COURT SHOULD REFUSE TO AWARD ANY SPOUSAL SUPPORT TO
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THE RESPONDENT AS HE HAS NO NEED FOR SUPPORT BECAUSE HE HAS
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THE ABILITY AND THE OPPORTUNITY TO WORK AND EARN INCOME BUT
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8 Petitioner contends that the Court should refuse to order her to pay spousal support to the
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Respondent on the grounds that the Respondent has the ability and the opportunity to work but
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instead keeps quitting his jobs and refuses to work, instead expecting the Petitioner to support him.
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Petitioner contends that the Court should impute a monthly income of $___ to the Respondent
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14 The law is established "that a trial court may consider earning capacity in determining spousal
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support. ..." In re Marriage of Cheriton (2001) 92 Cal.App.4th 269, 282-283, 308.
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OPPOSITION TO REQUEST FOR TEMPORARY SPOUSAL SUPPORT