Temporary support, alimony and attorneys fees
In this unpublished opinion by the Second District California Court of Appeal, the court affirms an order awarding temporary child and spousal support (alimony) and attorneys fees made by the Los Angeles Superior Court in a divorce case.
In August 2001, husband filed for legal separation and wife filed a response. In March 2004, wife filed an amended response requesting a divorce rather than a separation. The parties disagreed as to the date of their physical separation.
In June 2005, wife filed an order to show cause (OSC) requesting guideline alimony and an attorneys fees award for $5000. She stated that the parties had reconciled in June 2002 and finally separated in October 2003 due to domestic violence. She also stated that husband used community funds to put a down-payment on the family home in which he now lived. She also stated that husband had cut her and their three children off financially. She received public assistance until the court ordred husband to pay $1300 a month back in September 2004.
In July 2005, husband filed an order to show cause (OSC) requesting modification of child support and seeking to have income of $30,000 per year imputed to wife based on a vocational assessment. Child Support Services Department (DCSS) opposed this request.
Husband listed his monthly salary at $4800 and stated that he had a mortgage, car payment and various credit card debts. He stated that he could not afford to pay alimony or attorney fees. He further claimed that he purchased the home with the parties were separated.
In August 2005, the trial court declined to impute additional income to wife above her stated $658 per month, finding that she had used reasonable efforts to become better employed. The court ordered husband to pay guideline support of $1,772 for the three children and $200 per month in alimony. The court based this spousal support order on a variety of factors including that the parties had been married for 10 years, had been middle-class, that husband lives in the family home, and that he was found guilty of spousal abuse. The court futher ordered husband to pay $5000 for wife's legal fees as he had the greater ability to pay and had control of the community property asset.
The appellate court upheld the low court ruling, finding that there were no discretionary factors present under which the court could deviate from the guideline child support amount pursuant to Family Code, section 4055. As to alimony, the Appellate court found no error as wife had no ability to maintain the marital lifestyle, was a victim of husband's domestic violence, and husband was sitting on the major asset (house). As to attorneys fees, husband presented no evidence that he was unable to borrow the money to pay the award.
Case: Washington v. Washington
Court: Los Angeles
Judge: Frederick Shaller
NOT PUBLISHED
In August 2001, husband filed for legal separation and wife filed a response. In March 2004, wife filed an amended response requesting a divorce rather than a separation. The parties disagreed as to the date of their physical separation.
In June 2005, wife filed an order to show cause (OSC) requesting guideline alimony and an attorneys fees award for $5000. She stated that the parties had reconciled in June 2002 and finally separated in October 2003 due to domestic violence. She also stated that husband used community funds to put a down-payment on the family home in which he now lived. She also stated that husband had cut her and their three children off financially. She received public assistance until the court ordred husband to pay $1300 a month back in September 2004.
In July 2005, husband filed an order to show cause (OSC) requesting modification of child support and seeking to have income of $30,000 per year imputed to wife based on a vocational assessment. Child Support Services Department (DCSS) opposed this request.
Husband listed his monthly salary at $4800 and stated that he had a mortgage, car payment and various credit card debts. He stated that he could not afford to pay alimony or attorney fees. He further claimed that he purchased the home with the parties were separated.
In August 2005, the trial court declined to impute additional income to wife above her stated $658 per month, finding that she had used reasonable efforts to become better employed. The court ordered husband to pay guideline support of $1,772 for the three children and $200 per month in alimony. The court based this spousal support order on a variety of factors including that the parties had been married for 10 years, had been middle-class, that husband lives in the family home, and that he was found guilty of spousal abuse. The court futher ordered husband to pay $5000 for wife's legal fees as he had the greater ability to pay and had control of the community property asset.
The appellate court upheld the low court ruling, finding that there were no discretionary factors present under which the court could deviate from the guideline child support amount pursuant to Family Code, section 4055. As to alimony, the Appellate court found no error as wife had no ability to maintain the marital lifestyle, was a victim of husband's domestic violence, and husband was sitting on the major asset (house). As to attorneys fees, husband presented no evidence that he was unable to borrow the money to pay the award.
Case: Washington v. Washington
Court: Los Angeles
Judge: Frederick Shaller
NOT PUBLISHED
Labels: attorneys fees award, divorce, temporary support
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