In Re Marriage of Rine

Kathy Rine (wife) appeals from a post judgment order modifying child support and awarding attorney fees. On appeal, she contends the trial court abused its discretion in reducing the support obligation of the child’s father, Lance Rine (husband), and in ordering inadequate attorney fees. Wife also claims the court erred in failing to set forth the mandatory findings required by California Rules of Court, rule 1274. We find the latter contention to be meritorious and reverse the challenged orders.

Background

Husband and wife were married on July 7, 1978. From this marriage, the Riñes have a minor child, Jesse, born in April of 1980. The couple separated in late 1981, when Jesse was 20 months of age. A judgment of final dissolution was granted in 1982.

In an interlocutory judgment of dissolution filed in September of 1982, the parties were awarded joint legal custody with primary custody to wife and visitation to husband. Husband was ordered to pay wife the sum of $100 per month in child support. Subsequently, in March of 1988, the court modified the child support order by increasing the monthly payment to $500.

In November 1989, the parties filed a stipulation with the…