Marriage of Sakov and Adut
Once again, we are presented with an appeal involving the dissolution of the marriage of Ester Adut and Joshua Sakov. It is a happening akin to the rites of Spring or the return of the swallows. Here, appellant Ester Adut, makes several arguments in this appeal. Appellant contends there was an absence of evidence presented to the trial court to support the amount of income imputed to her and used to determine a modified child support order. The Attorney General, appearing pursuant to Family Code section 17406 to “represent the public interest in establishing, modifying, and enforcing support obligations,†concedes on behalf of intervener and respondent that appellant’s claim is clearly meritorious.[1] While a trial court has authority to impute income to an unemployed parent, the calculation must be supported by substantial evidence. The case must be reversed and remanded for a proper evidentiary hearing allowing appellant to demonstrate her ability to earn income attributed to her. The ruling by the trial court commissioner was error and the prejudice requires us to reverse the order appealed. Because we reverse on this issue, we need not address the numerous other contentions raised by appellant.[2]
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