Marriage of Diener CA4/3

FACTS AND PROCEDURE

Donald and his former wife Brigitte have a 50-50 custody arrangement for their two minor children and are in an ongoing dispute over child support. The sparse record on appeal contains a February 27, 2013, order on a motion for child support modification in which the trial court ruled commencing March 1, 2013, “[Donald is] to provide [Brigitte] with half of his [Social Security] derivative benefits, for a total of $417[] per month for child support as a temporary order.” The court ordered Donald and Brigitte to provide discovery concerning their finances. The motion for child support modification was continued. The record also contains a minute order from a June 26, 2013, hearing on the continued motion to modify support, at which the court corrected the earlier order to provide commencing March 1, 2013, “[Donald is] to provide [Brigitte] with one half of the children’s [Social Security] derivative benefits[,] which is $417 per month per child as a temporary order.”

To avoid confusion, we hereafter refer to the parties by their first names. (In re Marriage of Smith (1990) 225 Cal.App.3d 469, 475, fn. 1.) Brigitte does not appear in this…