Marriage of Sa and Martino CA6

Good Law
Court of Appeal of CaliforniaNovember 19, 2014H039875California2,728 words

Opinion

Opinion

Elia, J.

Background The parties’ marriage was dissolved in December 1999, when their son was five years old. They agreed at that time that Sa would pay Martino $700 a month in child support, along with half of the childcare costs and half of all agreed-upon educational expenses. In November 2004, when their son was 10 years old, Martino moved to 1 All further statutory references are to the Family Code. modify child support and tuition allocation, claiming loss of employment and concomitant inability to pay half of the child’s private school tuition. The court increased child support to $1,615 per month until March 1, 2006, at which time income of $5,000 a month would be imputed to Martino and child support would be reduced to $1,239 a 2 month. Sa would also be subject to an “Ostler-Smith” order for any bonus he might receive over his annual base salary of $156,744, reduced by Sa’s payment of Martino’s half of the tuition for the 2004-2005 school year. The parties were to bear their own attorney fees. On February 15, 2012, when their son was 17 and in his last year of high school, Martino filed an order to show cause, claiming arrears in the Ostler-Smith payments and seeking $7,500 in…

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