Marriage of Silva
In this marital dissolution action between petitioner/appellant Linda Mae Silva (Linda) and respondent Wayne Joseph Silva (Wayne), Linda appeals from the judgment of dissolution which divided the couples community property, and ordered Wayne to pay Linda an equalizing payment of $24,944, spousal support of $750 per month for ten months, and $5,000 in attorney fees.[1] Linda contends the trial court erred when it (1) determined that a residence purchased during marriage with community property funds pursuant to an oral option to purchase made before the marriage was Waynes separate property, which he held in trust for the benefit of his former step-grandchildren; (2) failed to find Wayne breached his fiduciary duty when he did not file income tax returns for three years and had his bookkeeper sign Lindas name to their income tax returns for two years; (3) failed to consider Waynes wealth when setting spousal support; and (4) failed to award Linda adequate attorney fees. As we shall explain, Court affirm.
Comments on Marriage of Silva