Marriage of Miller
Maureen Miller (Maureen)[1] appeals from two orders of the family court: (1) The court's November 7, 2008[2] postjudgment findings and order after hearing on her former husband Jeffrey Miller's (Jeffrey's) order to show cause (OSC) request to modify child support (November 7 order) and (2) the court's November 26 ex parte minute order denying Maureen's motion for reconsideration of the November 7 order (November 26 order). Jeffrey is a majority-interest business owner who is not paid a salary and who earned about $1.6 million in Schedule K-1 income[3] in 2007. Notwithstanding the requirements set forth in rule 5.6.3 of the Superior Court of San Diego County, Local Rules[4] (discussed, post), the documentation supporting the income and expense declaration Jeffrey submitted with his request for modification of child support consisted of four "draw" paystubs, each for a two-week pay period, and each in the amount of about $35,000 for four consecutive months. Maureen filed written objections to Jeffrey's income and expense declaration, asserting the supporting documentation did not comply with rule 5.6.3.
Court reverse the portions of the November 7 order determining that Jeffrey's monthly income is approximately $35,000, that the guideline child support amount is $1,303, and that the order reducing the amount of child support is retroactive to July 1, 2008. In all other respects the order is affirmed. On remand, the trial court shall recalculate Jeffrey's monthly income and the guideline child support award. Jeffrey shall pay Maureen's costs on appeal.
Comments on Marriage of Miller