Katzberg

Katzberg v. White

Good Law
106 Cal. Rptr. 2d 157·2001 Cal. App. LEXIS 324·2001 Daily Journal DAR 4229·88 Cal. App. 4th 974
Court of Appeal of CaliforniaMarch 29, 2001No. C031628California3,297 words

Opinion

Lead Opinion

Kolkey, J.

Janice Lee Brimberry White, 1 as successor in interest for Susan Ann Brimberry Katzberg (hereinafter collectively referred to as *977 mother), appeals from an order granting the motion of respondent Richard W. Katzberg (father) to modify his child support obligations. Mother claims that the trial court failed to follow the statewide uniform guideline (hereinafter the uniform guideline) for child support by “improperly crediting mother’s custodial periods to father when the child was absent from both parents’ homes attending private boarding school.” She also claims that the trial court failed to place on the record its reasons for failing to follow the uniform guideline. Finally, she argues that the trial court improperly denied her request for the attorney fees that she incurred in opposing the motion for modification.

“California child support law has become highly deterministic. Certain sections of the Family Code are now redolent of the flavor of the Internal Revenue Code, complete with definitions of income and allowances for deductions.” (In re Marriage of Whealon (1997) 53 Cal.App.4th 132, 144 [ 61 Cal.Rptr.2d 559 ].) One area in which a trial court retains some…

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