Rodriguez v. Rodriguez (In re Rodriguez)

233 Cal. Rptr. 3d 187, 23 Cal. App. 5th 625
CourtCalifornia Court of Appeal, 5th District
DecidedApril 23, 2018
DocketF074367
StatusPublished
Cited by9 cases

This text of 233 Cal. Rptr. 3d 187 (Rodriguez v. Rodriguez (In re Rodriguez)) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rodriguez v. Rodriguez (In re Rodriguez), 233 Cal. Rptr. 3d 187, 23 Cal. App. 5th 625 (Cal. Ct. App. 2018).

Opinion

POOCHIGIAN, Acting P.J.

*627In this family law matter, appellant Robert Rodriquez (Robert) appeals from an order of the trial court directing him to pay respondent Leslie Rodriquez (Leslie)1 $1,273 per month in child support for their three children. Robert contends the trial court erred in its *628calculation of child support by (i) not allowing him to deduct asset depreciation in computing his business income, and (ii) deviating from statutory child support guidelines without an adequate evidentiary basis for doing so. Additionally, Robert argues that reversal is required because the trial court failed to address his request for an award of costs as sanctions. We disagree and find no reversible error or abuse of discretion has been shown. Accordingly, the order of the trial court is hereby affirmed.

FACTS AND PROCEDURAL HISTORY

Robert and Leslie have three children, G.R., A.R., and J.R., born in 1998, 1999 and 2001, respectively.2 The three children were adopted by Robert and Leslie during their marriage. On April 29, 2008, the trial court entered a judgment dissolving the marriage. Based on a marriage settlement agreement executed by the parties, the trial court reserved the issue of child support. In 2010, Robert and Leslie stipulated that Leslie would have full legal and physical custody of the children, and, at that *190particular time, child support would be set at zero.

On January 8, 2015, the Department of Child Support Services (the Department) filed a motion to modify child support. On March 5, 2015, the trial court issued a temporary support order and set the matter for a long cause hearing. The temporary support order required Robert to pay $1,500 per month to Leslie as support for the three children until a final determination of child support could be made at the long cause hearing. A guideline calculation was attached to the temporary support order. It indicated, among other things, that Robert's monthly income was $7,100 and that he was given a deduction of $975 for child support paid for a child from a different relationship. We refer to this other child of Robert's by her initials, A.C.R.

The long cause hearing was continued on several occasions. In the meantime, Robert requested a reduction of the temporary support order in this case based on a stipulation he made in another court (the Contra Costa County Superior Court) to increase the amount of child support he would pay for A.C.R. (the child from the other relationship) from $975 to $1,850. The trial court declined to consider Robert's request at that time due to a lack of evidence that Robert had actually been paying the $1,850. The trial court advised the parties that it would consider any evidence at the long cause hearing regarding payment of this increased child support in calculating guideline support.

In the months prior to the long cause hearing, Robert and Leslie litigated certain custody and visitation issues, including potential reunification therapy *629between the children and Robert. On March 10, 2016, the trial court ordered that full legal and physical custody would remain with Leslie, and that reunification therapy would be "on hold" pending a child custody counseling review in April 2016. On April 4, 2016, the trial court issued an order reflecting that further counseling and therapy was needed on Robert's part "regarding [his] hostility and anger and how to address in treatment." Further, the same order stated that Robert and Leslie "mutually agree[d] to waive any objections to the submission of written correspondence from treatment providers for the upcoming long cause hearing on 6/13/16."

In anticipation of the long cause hearing, Robert filed a motion in limine seeking to exclude any evidence or documents not produced prior to May 13, 2016. The motion was based on Robert's assessment that Leslie failed to respond to certain discovery matters and/or was failing to honor discovery or other cut-off dates.3 The trial court denied Robert's motion in limine, finding that it would be more appropriate for evidentiary objections to be raised individually during the course of the hearing, where they would be considered by the trial court on a case-by-case basis.

*191Robert responded that he was "fine with that" and assured the trial court he would be making many objections.

The June 13, 2016, Long Cause Hearing

The long cause hearing regarding child support was commenced on June 13, 2016. Robert and Leslie each appeared in propria persona, and the Department appeared through its attorney. One of the primary issues in dispute was Robert's income from his law practice, including the amount of his business expenses. Robert was in sole practice, with offices in Modesto and Walnut Creek. Robert's tax returns for years 2012 to 2014 were received into evidence. Per court order, Robert also submitted a profit and loss statement for 2015 and another profit and loss statement for the first five months of 2016. According to the profit and loss statement for 2015, Robert's gross receipts from his law practice were $145,100, his business expenses (relating to his law practice) were $91,076 and his net business income was *630$52,085. The partial 2016 profit and loss statement, projected over the entire year, showed similar numbers. One of the items asserted by Robert as a business expense or deduction was that of depreciation relating to his motor vehicles. Averaged on a monthly basis, Robert's claimed depreciation was $536 per month over the relevant time period of 2015 to 2016.

At the hearing, Robert admitted that the reason he chose to voluntarily increase his child support for A.C.R. in the Contra Costa County case from $975 to $1,850 was that he sought to "use the [Contra Costa County order] court payment to offset the one here." Robert maintained that A.C.R. needed the money more. He testified that since his three children in the present case were receiving adoption assistance, and since Leslie's new spouse could help financially, they would be adequately taken care of and did not need as much child support from him. When asked about his ability to meet his combined child support obligations in this case and in the Contra Costa County case, Robert noted that his new spouse pays most of the household expenses, which allows him to devote more of his income to meet his support obligations.

Leslie testified that she and Robert adopted their three children during their marriage, for whom she receives total monthly adoption assistance of $5,847.4 According to Leslie, when the three children were adopted, she and Robert understood that the children had special needs. She testified that all three children suffer from Fetal Alcohol Syndrome and thus "have significant needs" that would prevent them from ever being self-supporting. She testified that the children have required 24-hour supervision, ongoing therapy, and individualized education plans in school.

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Cite This Page — Counsel Stack

Bluebook (online)
233 Cal. Rptr. 3d 187, 23 Cal. App. 5th 625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-rodriguez-in-re-rodriguez-calctapp5d-2018.