Marriage of Kinney CA4/2

Good Law
Court of Appeal of CaliforniaApril 1, 2022E075065California1,982 words

Opinion

Opinion

I.

FACTS AND PROCEDURAL BACKGROUND

On April 23, 2019, the family court entered a stipulated judgment dissolving

William’s and Rachel’s marriage. The parties agreed that Rachel would have sole legal

and physical custody over their two minor children and that William would have no

visitation. They also agreed that the family court should set William’s child support

obligation at zero.

On November 14, 2019, the department filed a motion to modify William’s child

support obligation.2 William opposed the motion claiming that, if his child support

obligation were modified, it should not be in the amount prayed for by the department,

$2,226 a month. Inter alia, he argued the department’s motion failed to properly consider

Rachel’s income and William’s liabilities, to wit, his federal and state taxes, spousal and

child support obligations from prior marriages, and health care premiums.

William, who is incarcerated, made no appearance for the January 24, 2020

hearing on his opposition to the department’s motion. Rachel, who appeared

telephonically, testified William receives a full military retirement of $43,140 annually

and Veteran’s Administration (VA) disability benefits…

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