Y.R. v. A.F.

9 Cal. App. 5th 974, 215 Cal. Rptr. 3d 577, 2017 Cal. App. LEXIS 236
CourtCalifornia Court of Appeal
DecidedFebruary 24, 2017
DocketNo. B266621
StatusPublished
Cited by14 cases

This text of 9 Cal. App. 5th 974 (Y.R. v. A.F.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Y.R. v. A.F., 9 Cal. App. 5th 974, 215 Cal. Rptr. 3d 577, 2017 Cal. App. LEXIS 236 (Cal. Ct. App. 2017).

Opinion

Opinion

MANELLA, J.

—Appellant Y.R., mother of Z., appeals the trial court’s order awarding child support from respondent A.F., father of Z., in an amount that deviated downward from the statewide uniform guideline by a substantial amount. Appellant contends the court failed to state its reasons for awarding less than the guideline or for concluding the amount awarded was in Z.’s best interests, as required by Family Code section 4056, subdivision (a).1 She further contends the court erroneously based the award on appellant’s and Z.’s historical expenses rather than the disposable income and lifestyle of respondent—an extraordinarily high-income earner—and placed on appellant the burden of proving the guideline amount reasonable, rather than requiring respondent to prove the guideline amount unjust or inappropriate. Finally, appellant contends respondent presented insufficient evidence to support a deviation from the guideline.

We conclude that the trial court’s failure to comply with the requirements of section 4056, subdivision (a) mandates reversal, despite the existence of evidence sufficient to warrant a deviation from the guideline. We further conclude that the court’s reliance on appellant’s and Z.’s expenses and lifestyle, rather than on those of respondent and his children, precludes us from implying findings adequate to support the deviation ordered by the court. Accordingly, we reverse and remand for reconsideration of child support under the correct criteria.

FACTUAL AND PROCEDURAL BACKGROUND

A. Appellant’s Petition and Respondent’s Opposition

Appellant and respondent had a brief affair resulting in the birth of their daughter, Z., in July 2006. Appellant is a hair stylist. Respondent is a successful director and producer. He is married and lives with his wife and three children, one of whom is an adult. Appellant, who has had sole custody of Z. since her birth, did not immediately seek a formal order of support. Instead, respondent paid certain of appellant’s and Z.’s expenses and provided additional funds, totaling approximately $5,000 per month. In October 2014, when Z. was eight, appellant filed a petition to establish parentage and for guideline child support. Her petition also requested that respondent [978]*978pay Z.’s health insurance, a portion of Z.’s uninsured health care costs, and half the cost of Z.’s extracurricular activities.2

After filing the petition, appellant submitted requests for production to respondent, asking for tax returns and other documents pertinent to his income and expenses. Appellant also submitted interrogatories seeking detailed information about respondent’s lifestyle, including a description of the home he and his family shared, the restaurants they frequented, the vacations they took, and the cost of his other children’s tuition, extracurricular activities, and medical insurance. Respondent objected to answering the interrogatories, on the ground that he acknowledged that he was an “extraordinarily high income earner” within the meaning of section 4057, subdivision (b)(3), and had the ability to pay child support in “any amount commensurate with the reasonable needs of the minor child.”3 He raised the same objection to the document requests. He provided a declaration stating his salary was $2,282,512 per year (approximately $190,000 per month). Appellant disputed that respondent was an extraordinarily high-income earner under the statute, but did not seek an order compelling further responses.4

[979]*979Prior to the hearing, appellant presented evidence that she and Z. lived in a three-bedroom, two-bath apartment in Santa Monica with her other two children, Z.’s older half brother and half sister. Z. shared a bedroom with her half sister. Appellant described the apartment as “cramped,” and stated that the rent for a four-bedroom condo in the same area would be, at a minimum, $6,000 per month, while renting a four-bedroom home in the area would cost between $10,000 and $15,000 monthly. Appellant further stated that one of respondent’s sons attended a private school at a cost of $34,000 per year ($2,833 per month).5 Appellant described a number of activities she wished to provide Z., including tutoring at a cost of $480 per month, a nanny at a cost of $1,800 per month, and theater camp at a cost of $2,100 per year. She also stated she was unable to afford vacations, visits to out-of-state relatives, art classes, piano lessons, and better quality clothing and restaurants for Z. Appellant’s income and expense declaration indicated she worked part time as a hair stylist, grossing $1,833 per month. Rent on her existing apartment was $2,840 per month. Other expenses, including groceries, utilities, clothing and insurance, totaled approximately $6,000 per month.6

Respondent provided an income and expense declaration stating that his annual salary was $2,097,000, based on 2014 earnings for himself and his company, Cartel.7 Respondent acknowledged, however, that a percentage of the expenses claimed by Cartel should be included in his income, as they represented perquisites for him.8 His income and expense declaration indicated his rent was $20,900 per month and that he spent more than $3,000 per month in each of the following categories: “[gjroceries and household supplies,” “[elating out,” “[cjlothes,” education for the two minor children who lived with him, and “[ejntertainment, gifts, and vacation.” He also [980]*980indicated ‘“[o]ther” expenditures of over $31,000 per month, including legal fees unrelated to the underlying proceeding, fitness, nontuition expenses for the children, ‘“[m]iscellaneous [c]ash [e]xpenses” of $7,167, and $7,500 per month he had recently begun paying appellant. He stated that he paid $13,457 ($10,000 plus various expenses) per month for child support for another child born out of wedlock.9 His attorneys prepared a DissoMaster report indicating that based on disposable income of approximately $190,000 per month, guideline child support was $11,840 per month.10

Respondent’s opposition focused on appellant’s and Z.’s current expenses. Respondent argued that based on appellant’s income and expense declaration, $11,840 in support represented “$4,660 more per month than [appellant] needs to pay the monthly expenses for [herself], [Z.] and [her] two other children from prior relationships,” and that appellant needed support from respondent of only $7,180 per month “to pay her monthly expenses.” Respondent’s opposition contained no discussion of his or his other children’s lifestyles, and made no attempt to calculate a reasonable amount of child support based on the evidence of his monthly income and expenses.

In her reply, appellant contended that respondent’s income was much higher than $190,000 per month, observing that his company’s income had been higher in 2013 and that he had already been paid $610,000 for the first two months of 2015.11 Appellant’s accounting expert, David Blumenthal, calculated an average monthly salary for respondent by adding the data for 2013, a year in which respondent and his company had much higher income, to the data for 2014, and assuming that all of Cartel’s expenses for those periods except agent commissions and payroll taxes were perquisites.12

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Cite This Page — Counsel Stack

Bluebook (online)
9 Cal. App. 5th 974, 215 Cal. Rptr. 3d 577, 2017 Cal. App. LEXIS 236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yr-v-af-calctapp-2017.