Deluca: Spousal Support; Income Available for Support

In re Marriage of Deluca (Spousal Support; Income Available for Support)

California Court of Appeal, Fourth District

Published Opinion, (2020) 45 Cal.App.5th 184

File Date:
Filed 2/13/2020

The husband claimed the family court erred by awarding his wife spousal support greater than his net income, which did not leave him enough income to support their children who lived with him. The husband argued that the monthly principal payments he was making on loans for his income-producing properties should not have been added back to his income available for alimony. The Court of Appeal reversed, directing the family court to reconsider the spousal support after determining whether the principal payments reasonably and legitimately reduced his income for purposes of support. The part of the case characterizing the former family residence was not published and cannot be cited as authority.

Deluca 2-13-20 after rhg.

The case listed here was not handled by Walzer Melcher unless the description states that Walzer Melcher appeared as counsel.