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Last Modified on Nov 15, 2026
California Spousal Support Hub
By H. William Edgar | Edgar & Dow
A temporary support calculation can produce a precise monthly figure. That precision can make the number seem like the answer to the permanent-support question as well. It is not. At judgment, the court must independently evaluate the applicable Family Code section 4320 factors rather than start with a temporary software figure and adjust it.
In re Marriage of Schulze and In re Marriage of Zywiciel explain this distinction. Both concerned reliance on temporary-support software in deciding permanent support. The principle applies to the method of decision, not to the brand of software. Neither opinion should be described as a ruling about a particular current version of Xspouse.
Schulze rejected a temporary figure as the starting point
In re Marriage of Schulze (1997) 60 Cal.App.4th 519, 525–527 held that permanent spousal support requires an independent evaluation of the statutory factors. Using a temporary calculation as a benchmark was improper even if the court referred to some section 4320 considerations while arriving at the final figure.
The problem was substantive: mentioning factors did not establish that the award had been determined independently. The temporary number could not substitute for the exercise of judgment required by the statute.
Zywiciel shows why evidence must reach the record
In re Marriage of Zywiciel (2000) 83 Cal.App.4th 1078, 1081–1083 reversed an award following an informal hearing dominated by attorney discussion and a DissoMaster calculation. The court awarded less than the temporary figure, but the record did not support an independent section 4320 determination. Unsworn statements by counsel did not supply the missing evidence.
The decision concerned a request made after judgment where support jurisdiction had been reserved. Calling an order “postjudgment” does not answer whether it is the first permanent determination or a modification of an existing award. Counsel must identify the actual procedural posture.
Temporary and permanent support answer different questions
Temporary support addresses financial assistance while the proceeding is pending, principally through need and ability to pay under the governing law. Local temporary-support practices and appropriate calculations may assist that inquiry. The court retains discretion; a software printout does not itself establish an enforceable order.
Permanent support, meaning the judgment-level award rather than necessarily lifelong payments, requires the statutory evaluation. The parties’ post-division resources, earning capacity, needs, health, marriage history, and other relevant circumstances can produce a result different from temporary support. There is no automatic percentage reduction from the temporary amount.
What section 4320 requires the court to consider
Section 4320 includes earning capacity and career impairment, contributions to the other spouse’s career, ability to pay, needs measured against the marital lifestyle, assets and obligations, marriage duration, childcare effects, age and health, documented domestic violence, tax consequences, hardships, the self-support goal, specified convictions, and other equitable circumstances.
Those factors must be applied where relevant. The presentation should explain their financial and practical effect. For instance, a professional qualification may matter differently depending on licensing, years outside the workforce, health restrictions, and the current market. A property award may affect available resources differently depending on liquidity and income production.
Financial software can assist analysis without deciding the award
Counsel may use appropriate tools to examine cash flow, taxes, budgets, or financial scenarios. The critical limit is using a temporary support formula as the judicial basis or baseline for permanent support. An analysis of the parties’ resources is useful only if its assumptions are accurate and its legal purpose is clear.
A hypothetical comparison of two proposed payments can show their effects on each household. It cannot determine which proposal is legally justified without the statutory analysis. The court must be able to understand why the requested amount fits the evidence independently of a temporary formula.
Prepare proof, not just a list of factors
A financial declaration provides an important starting point, but it does not necessarily establish every disputed circumstance. Employment history, medical evidence, retirement statements, business records, and evidence of the marital lifestyle may be needed. The form and admissibility of the evidence depend on the proceeding.
Attorney argument explains the significance of evidence; it does not replace proof of contested facts. Where the parties disagree about earning capacity or an expense, the disagreement should be resolved through an adequate evidentiary presentation. An informal discussion can leave an inadequate record even when everyone believes the subject was covered.
Modification adds a threshold question
When an existing permanent award is being modified, the moving party ordinarily must establish a material change of circumstances. Recalculating the parties’ present incomes in temporary-support software does not by itself establish that legal basis or determine the proper new award.
After the threshold is met, the relevant section 4320 factors still require evaluation. The court cannot simply treat the case as a new temporary-support calculation. Any contractual restriction on modification or relevant expectations expressed in the judgment must also be addressed.
Present amount, duration, and jurisdiction together
A proposed permanent order needs more than a monthly number. Its beginning date, duration, future reductions, modification provisions, and treatment of jurisdiction affect the parties’ financial position. Evidence supporting an amount may not justify a future cutoff, and an appropriate termination provision does not validate an unsupported amount.
For settlement, the same distinctions help both parties evaluate the bargain. A calculator result may be a useful illustration of a temporary scenario, but it should not be presented as a prediction that the trial judge must follow.
Discuss the evidence for a permanent award
Edgar & Dow prepares support positions around the applicable statutory factors and financial proof. Contact our office to discuss a permanent-support request, a proposed settlement, or a postjudgment modification.
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