In Re Marriage of Burkhart

Husband appeals from a judgment which determined the division of property and the award of child and spousal support following dissolution of marriage. He contends the court erred in treating certain funds paid to wife as support rather than as a distribution to wife as part of her share of community property. We reject husband’s contentions and shall affirm the judgment.

Facts

The parties were married on March 9, 1964, and separated on April 28, 1980. Two children were bom of the marriage. On August 3, 1981, wife filed a petition for dissolution of the marriage. Between the date of separation and December 6, 1982, there was no support order in the dissolution proceedings. However, during that period husband paid wife periodic sums totalling $40,400. During the same period husband’s salary was $6,200 per month. On December 5, 1982, husband was ordered to pay wife $1,500 per month in temporary spousal support.

In the court’s judgment dividing community property husband was charged with net income of $400,654 from the rental of community property construction equipment. He had received gross rentals of $616,727 against which the court allowed $216,073 in deductions. One…