Marriage of Freeman CA5

Good Law
Court of Appeal of CaliforniaOctober 13, 2022F083654California1,507 words

Opinion

Opinion

DISCUSSION

I. The Record Provided in this Appeal

Again, the record on appeal consists of a clerk’s transcript with a selection of documents filed in this matter, and a settled statement in lieu of a reporter’s transcript. We are limited in our review because there is a brief summary of the hearing at the core of this appeal. (Cal. Rules of Court, rule 8.137.) A more complete record and summary of the testimony from that hearing would have been beneficial to our review. (See Committee to Defend Reproductive Rights v. A Free Pregnancy Center (1991) 229 Cal.App.3d 633, 637–639.) An order of the lower court is presumed correct unless the appellant affirmatively demonstrates there is prejudicial error. (Herrera v. Doctors Medical Center of Modesto, Inc. (2021) 67 Cal.App.5th 538, 546) All “intendments and presumptions are indulged to support it on matters as to which the record is silent.” (Ibid., citing Denham v. Superior Court (1970) 2 Cal.3d 557, 564.)

II. The Applicable Standard of Review

Child support awards are reviewed for an abuse of discretion. (In re Marriage of Hein (2020) 52 Cal.App.5th 519, 529.) When engaging in this review, “appellate courts consider (1)…

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