Marriage of Galloway
This is third appeal arising from the dissolution action of appellant Gregory M. Galloway and respondent Suzanne P. Galloway. In the first appeal we determined that the order awarding continuing temporary spousal support of $3,145 per month was based on the erroneous calculation that Gregorys monthly bank deposits averaged $10,000 from September 2001 through March 2002.[2] We reversed the order and remanded the matter for a recalculation of continuing temporary spousal support. (In re Marriage of Galloway(Oct. 20, 2003, H024940) [nonpub. opn.] (Galloway I).)
On remand, a trial was held and the trial court subsequently issued a judgment that included a recalculated award of retroactive temporary spousal support, as well as an award of permanent spousal support and an award of child support. The trial court also ruled, among other things, that the funds in the Marclyn Designs, Inc. checking account and a San Mateo Federal Credit Union checking account were Suzannes separate property; Gregory owed Suzanne $70,523 for the fair rental value of the family residence postseparation; Gregory was not entitled to reimbursement for postseparation payments to Suzannes in home care provider; and Gregory breached his fiduciary duty by taking an item of community property, a tax refund check, without notice. Additionally, the trial court awarded Suzanne $60,000 in attorney fees and costs. Gregory challenges all of these rulings in the present appeal. For reasons that Court explain, Court affirm the judgment.
Comments on Marriage of Galloway