Marriage of Atchison CA4/1

Good Law
Court of Appeal of CaliforniaFebruary 24, 2015D065540California1,729 words

Opinion

Opinion

INTRODUCTION

Marvin J. Atchison (Marvin) appeals from a family court order filed January 16,

2014, awarding Angela Atchison (Angela)1 interim child support, interim spousal

support, and attorney fees.2 He contends there was insufficient evidence to support the

court's finding his monthly self-employment income was $33,527. He also contends the

court ruled on Angela's request for spousal support without providing him with adequate

notice. We are not persuaded by either contention and affirm the order.

BACKGROUND

Marvin and Angela were married five and a half years and have three young

children. In June 2013 Marvin petitioned for dissolution of the marriage. Along with his

dissolution petition, he submitted an income and expense declaration stating he was a

surgeon, he was paid $33,000 per month, he had self-employment income of $29,100 the

prior month, and he had average monthly self-employment income of $27,725.

In July 2013 Angela filed a request for order (request) awarding her child support

according to the statewide uniform child support guideline (Fam. Code, § 4050 et seq.)

and an unspecified amount of spousal support. As part of his response to her…

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