In Re Marriage of Blazer

Good Law
176 Cal. App. 4th 1438·99 Cal. Rptr. 3d 42
Court of Appeal of CaliforniaAugust 25, 2009H031574California3,388 words

Opinion

Opinion

McADAMS, J.

In this marital dissolution case, both parties challenge a spousal support order. In her appeal, the wife asserts that the trial court abused its discretion in reducing temporary spousal support and in setting permanent support. She contends that the court failed to account for all of the husband’s income and that it erred in imputing investment income to her. In his cross-appeal, the husband contends that the permanent spousal support order unfairly charges him a second time for earnings from the business that he operates. In his view, since the wife received half of the business’s going-concern value in the property division, the court should not consider the entire stream of business income in assessing his ability to pay support. The husband asks us to announce a new rule in California prohibiting such “double dipping.”

Rejecting both parties’ contentions, we affirm the challenged order. In the published part of the opinion, we conclude that the trial court acted within its discretion in determining the husband’s income for purposes of spousal support.

BACKGROUND

The parties to this appeal are Scott Blazer (husband) and Karen Nickles Blazer (wife). Husband and wife…

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