1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

10

11 In re the marriage of: ) Case No.

)
12 Petitioner: _________________________ ) MEMORANDUM OF POINTS AND
) AUTHORITIES IN SUPPORT OF OPPOSITION
13 and ) TO REQUEST FOR ORDER FOR TEMPORARY
) SPOUSAL SUPPORT; DECLARATION OF
14 Respondent:____________________________ ) _________; EXHIBITS
)
15 )
)
16 )
)
17 )
)
18

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OPPOSITION TO REQUEST FOR TEMPORARY SPOUSAL SUPPORT
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6 this document.
7
I.
8
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
14
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

7 REFUSES TO DO SO

8 Petitioner contends that the Court should refuse to order her to pay spousal support to the
9
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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13 as that is consistent with his earning capacity.

14 The law is established "that a trial court may consider earning capacity in determining spousal
15
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