Marriage of Riddle discusses calculation of child and spousal support

In re Marriage of Riddle
(2005) CA4 4th DCA Div. 3, Justice Sills
Orange County, Judge Polla

Summary                                                                                                   The calculation of income for determining child and spousal support orders must be based on fair and representative sampling period. "Income," as defined in the Family Code, is not synonymous with cash flow. Income can be imputed only where there is evidence justifying imputation. The fact that Husband earned a certain level of income in the past does not necessarily mean he will earn it in the future.

Facts
Husband was a commissioned financial advisor for a major investment firm. Prior to separation Husband received a $1 million advance as an inducement to come to work for his current firm. Husband received the $1 million before the date of separation and the parties proceeded to spend it. For tax purposes the employment arrangement provided that Husband would be required to "repay" the advance, with interest, on a monthly basis. Simultaneously, Husband would be "foregiven" the loan by the employer in an amount equal to the installments. Wife filed an order to show cause requesting pendente lite child support and spousal support.