Marriage of Rica CA1/5

BACKGROUND

Nick and Melissa were married on June 1, 1985, and had two children, born in June 1990 and May 1992. The Judgment of Dissolution On November 15, 2006, the court entered a judgment of dissolution terminating the marriage. Pursuant to a marital settlement agreement, the court ordered Nick to pay monthly child support of $2,264, plus additional amounts for bonus income. Child support was to terminate when a child was emancipated or reached the age of 18, except an unemancipated child was entitled to support until he completed grade 12. When support for one child terminated, support for the other child was to continue at $1,438 a month. The court awarded monthly spousal support of $1,833 to Melissa. These awards were based on monthly income of $12,695 for Nick ($152,340 a year), and $1,500 for Melissa ($18,000 a year). The Parties’ Motions Two years later, on November 21, 2008, Melissa filed a motion for modification of child support and for attorney fees and costs in connection with the motion. In a supporting declaration, she stated the parties‟ older son was emancipated, and they had one remaining minor child, age 16. Relying on Nick‟s 2007 tax returns, Melissa alleged…