Case name : In re Marriage of Kochan
Case # : No. B215355, 11 Cal. Daily Op. Serv. 3066, 2011 Daily Journal D.A.R. 3613; March 9, 2011
Court : California Court of Appeal, Second District, Division 8
Reviewed by : Laura Morgan
Main issue : Spousal Support
Trial court abused its discretion in basing spousal support obligation on obligor's hypothetical income if he retired from California State University (CSU) and then returned to work half‑time at CSU while simultaneously collecting his pension under the California Public Employees' Retirement System (CalPERS) Faculty Early Retirement Program (FERP), even if obligor was guaranteed FERP employment pursuant to a collective bargaining agreement, where obligor chose to continue his full‑time employment without retiring, absent evidence that obligor planned on retiring but then altered those plans to prevent an anticipated increase in income.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her Web site.
Reprint with permission.
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