MacManus

MacManus v. MacManus

Good Law
182 Cal. App. 4th 330
Court of Appeal of CaliforniaFebruary 25, 2010No. G041248California2,912 words

Opinion

lead Opinion

Sills, J.

Thomas Alan MacManus appeals from the judgment dissolving his marriage to Teresa Anne MacManus. 1 He contends the trial court abused its discretion when it reallocated back child support to back spousal support without considering Teresa’s need and his ability to pay. We affirm.

FACTS

In November 2002, following an incident of domestic violence, Teresa filed a petition for dissolution of marriage and applied for a domestic violence restraining order. The parties stipulated to the terms of the order, which provided that Thomas would stay away from Teresa and their three daughters and would attend counseling and a batterer’s program. The parties also stipulated that they owned a community property business, Pacific Drywall Systems, Inc. (PDS), from which each was to receive $3,000 per month, and that they also owned two rental properties in San Diego, known as Boise Avenue and Thomson Court. Thomas agreed to pay $1,145 per month in child support.

Criminal charges were filed against Thomas based on the same domestic violence incident, and the criminal court also issued a protective order *333 proscribing contact with Teresa and their three daughters. In December 2002,…

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