Marriage of Parker and Carpenter CA1/5

Good Law
Court of Appeal of CaliforniaAugust 7, 2014A139315California966 words

Opinion

Opinion

Simons, J.

BACKGROUND

In 2011, Parker filed a petition to dissolve his marriage with respondent Natalie Carpenter. The parties have one minor son. In 2012, pursuant to a stipulation regarding certain issues, Carpenter was awarded sole physical custody of the minor with visitation rights awarded to Parker. The stipulation did not include any provision for child support. In 2013, Parker filed a request for, inter alia, joint physical custody and child support. He submitted an income and expense declaration stating he has worked as a self-employed “craftsman, boat-builder” for over 20 years, with a current average

1 monthly income of $750. Parker is an immigrant, who came to this country on a temporary visa and then remained after its expiration. In a declaration accompanying his motion Parker stated, “Because of my immigration status I am unable to be an employee of an employer” but “I am optimistic that I will soon be able to begin making furniture to sell and that I’ll be able to create a business that will support me and my son.” As Carpenter’s monthly income was substantially higher than Parker’s, Parker requested she pay him child support. Carpenter argued the trial court should impute…

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