In Re Marriage of Wittgrove

Summary

Alan, a surgeon earning about $1.7 to $2.1 million, was ordered to pay $13,488 monthly guideline child support and $30,000 monthly temporary spousal support to Perri, a physician with fluctuating income. Alan argued the high-income exception applied, that more income should be imputed to Perri, and that the total exceeded the children's needs and the status quo. The Court of Appeal affirmed, finding no abuse of discretion: Alan offered no evidence to rebut the guideline presumption or to show Perri had both the ability and opportunity to earn the income he sought to impute, and the $200,000 figure used for her income was offered by her counsel and favored him.

What it means for the financial analysis

For income analysis, the case shows that a payor seeking the high-income exception or imputed income needs admissible evidence of the children's actual needs and of the other party's ability and opportunity to earn, not just assertions or an unfounded earnings analysis. For temporary spousal support, evidence of the marital lifestyle, including regular savings and investment, can support an award above the supported spouse's stated expenses, though this ruling reviews only a temporary order for abuse of discretion.

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