Marriage of Morton

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Wife appealed the trial court's judgment entered in a marriage dissolution proceeding. In the published portion of the opinion, the Court of Appeals held that wife has established the child support award in the June 2016 judgment was based on the erroneous exclusion of husband's income tax refunds from his net income available for child support; the exclusion of husband's voluntary contributions to a 401(k) retirement savings plan from his net income available for child support was error, unless on remand the trial court provides findings that justify the exclusion of all or part of those contributions from husband's income; the trial court erred in declining to award wife additional attorney fees at the conclusion of the proceeding; a trial court must make explicit findings on the issues listed in subdivision (a)(2) of Family Code section 2030; and the record clearly demonstrated a disparity in access and ability to pay and thus a further award of attorney fees and costs was mandatory. View "Marriage of Morton" on Justia Law