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IN RE MARRIAGE OF KOCHAN

No. B215355.

193 Cal.App.4th 420 (2011)

In re the Marriage of JANICE and ROMAN KOCHAN. JANICE K. KOCHAN, Respondent, v. ROMAN V. KOCHAN, Appellant.

Court of Appeals of California, Second District, Division Eight.

March 9, 2011.

Attorney(s) appearing for the Case

Law Offices of Brian G. Saylin and Brian G. Saylin for Appellant.

Rehm & Rogari and Joanna Rehm for Respondent.

OPINION

BIGELOW, P. J.—

Family Code section 4320 provides that the family law court "shall consider" the "earning capacity of each party" in ordering spousal support, but the decision whether to order support based on a party's earning capacity rather than actual earnings is a matter within the court's discretion. (See, e.g., In re Marriage of Rosen (2002) 105 Cal.App.4th 808, 825 ...

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