In Re Marriage of Lusby

Good Law
1998 Cal. App. LEXIS 494·64 Cal. App. 4th 459·75 Cal. Rptr. 2d 263·98 Daily Journal DAR 5798·98 Cal. Daily Op. Serv. 4235
Court of Appeal of CaliforniaJune 2, 1998D024029California4,781 words

Opinion

Opinion

Huffman, J.

Edward W. Lusby, Jr. (Father), appeals the postdissolution findings and order after hearing of the family court, setting his percentage contribution at 27 percent toward certain add-on expenses for child support of the two minor children of his marriage to Andrea F. Lusby (Mother). (Fam. Code, §§ 4061, 4062.) Mother’s cross-appeal challenges the 27 percent figure, contending it should have been 50 percent, and also seeks to reallocate other retroactively ordered child support. We find no lack of jurisdiction or abuse of discretion in allocating the expenses as was done here, and affirm the order.

Factual and Procedural Background

The parties’ briefs make various representations about the events and agreements leading up to trial. The bare record shows that in April 1993, after a 19-year marriage, Mother filed for dissolution and obtained an order to show cause (OSC) regarding child support. Father, a molecular biologist, was unemployed at the time, and the parties stipulated in June 1993 that the issue of child support would be continued until the time of trial (anticipated to be September 1993), with the family court to reserve jurisdiction to make an order for support…

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