In re Marriage of Lynn

In In re Marriage of Lynn (2002) 101 Cal.App.4th 120, the appellate court reversed an award of spousal support because the trial court did not consider the section 4320 factors. (Lynn, supra, at pp. 132-133.) The Lynn court explained that the lower court did not consider what it called the "critical factor:" the husband's ability to pay spousal support. (Id. at p. 133.) Instead, the "court simply accepted the wife's figure of $ 1,500 per month for spousal support . . . without any explanation of how she arrived at this amount." (Id. at p. 132.) Contrary to Andrea's argument, Lynn does not stand for the proposition that a trial court may not consider child-related expenses under the umbrella of the supporting party's "needs" and "ability to pay" pursuant to section 4320. Moreover, Lynn is distinguishable because here, the court properly considered the statutory factors, including the "critical factor" of Bruce's ability to pay. (Lynn, supra, at p. 133.)