Hartman

BACKGROUND

Elena and Michael were married in 2010 and separated in 2019. In 2023, the court held a five-day trial on all financial matters arising from the parties’ 2020 divorce. The parties had a valid and binding premarital agreement, and after trial they entered into a partial settlement agreement. The premarital agreement set forth a formula for calculating spousal support, which the court applied to determine that Elena owed Michael $33,627 in support annually for two years. The trial court also ordered child support using the standard guideline, along with an annual “true-up” process requiring the parties to exchange actual income information and to make equalizing payments accordingly. The court denied Elena’s request to impute income to Michael, citing the evidence regarding his ability and opportunity to work, his earning capacity as compared to his actual income, and the specific circumstances set forth in Family Code section 4058, subdivision (b)(2). The court explained that Elena bore the burden to present evidence regarding Michael’s earning capacity, but that it had insufficient information to impute income to him. The court considered the testimony provided by the…