Morton v. Morton

A trial court must make explicit findings on the issues listed in Family Code subdivision (a)(2) of section 2030 regarding attorney's fees and costs. Wife appealed the trial court's judgment in a marriage dissolution proceeding, challenging the trial court's determination of child support, spousal support, attorney fees, and interests in an oilfield service. In the published portion of the opinion, the Court of Appeal held that wife established the child support award in the June 2016 judgment was based on the erroneous exclusion of husband's income tax refunds from his net income available for child support; the exclusion of husband's voluntary contributions to a 401(k) retirement savings plan from his net income available for child support was error, unless on remand the trial court provided findings that justified the exclusion of all or part of those contributions from his income; and the trial court erred in declining to award wife additional attorney fees at the conclusion of the proceeding where the record clearly demonstrated a disparity in access and ability to pay. View "Morton v. Morton" on Justia Law