Marriage of Nelson CA2/4

Good Law
Court of Appeal of CaliforniaJuly 22, 2016B266745California5,250 words

Opinion

Opinion

Collins, J.

INTRODUCTION

Kelley Nelson appeals from orders entered in her dissolution proceeding awarding temporary child support and denying her request for attorney’s fees. She contends the trial court abused its discretion in calculating the amount of child support owed to her by using outdated and incomplete income information from her husband, respondent William Nelson. Kelley1 further claims it was error for the court to find that she had not established a need for contribution toward her attorney’s fees and costs and that none of the fees she sought were reasonable. We conclude that the court should have used William’s updated income information to calculate the amount of child support and to determine whether Kelley needed a contribution toward her attorney’s fees. Because it did not, its findings were not supported by substantial evidence; the court accordingly abused its discretion in determining the appropriate award of child support and in assessing whether Kelley was entitled to any attorney’s fees and costs. Accordingly, we reverse and remand.

FACTUAL AND PROCEDURAL HISTORY

Kelley filed a petition for dissolution of marriage on June 11, 2014, after almost thirteen years of…

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