Marriage of Stone CA5

BACKGROUND

Father and respondent Heather R. Stone (Mother) married in 1996. At that time, Father was both a licensed pilot and a naval officer on active duty. Proceedings to dissolve the marriage began in 2008. Early on, the parties agreed that Mother would be the primary custodial parent and would be allowed to move the three minor children to the Chicago area. Temporary child and spousal support amounts were ordered and then modified at various times. On March 19, 2010, following trial, the court set child support at $2,545 per month and permanent spousal support at $400 per month. The court imputed income to Mother higher than her actual earnings. The court also took into consideration a number of factors regarding Father’s income and ability to earn based on his having had several jobs since the beginning of the case.

1All further statutory references are to the Family Code unless otherwise stated.

2. Father returned to active duty for a one-year term beginning in June 2011. On Father’s motion, the trial court modified child support based on Father’s active duty income. Father was ordered to pay $2,645 per month in child support and $400 per month in spousal support…