During appeal, does the spouse have to pay support according to the final decree or can he pay support as spelled out in the temporary decree?

Usually, “the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced” or affected, including enforcement of the judgment or order [CCP §916 (a)], but judgment or order directing the payment of money (e.g., “permanent” spousal support orders) is not stayed during the perfecting of an appeal unless a sufficient undertaking is given [CCP § 917.1 (a)(1)]. Therefore, if there is no undertaking, support according to the final decree will be followed.

Working with an experienced Divorce and Family Law attorney would help shed light and provide more information on matters regarding spousal support and appeals related to marriage dissolution.

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