Rojas v. Mitchell (50 Cal. App. 4th 1445, 1996)

Opinion

HANING, J.

Appellant Ronna Rojas appeals a May 30, 1995, order denying her motion for modification of child support for her minor child, Bethany Starr Mitchell, bom January 16, 1992.

Background

On October 1, 1991, appellant filed a complaint against respondent Kevin Mitchell to establish his paternity of her unborn child. Following a hearing at which respondent did not appear, he was found to be the father and ordered to pay $5,000 as an advance against future child support upon the birth of the child, plus specified medical expenses and attorney fees. At a January 1992 default hearing after the child’s birth, respondent was ordered to pay birth-related expenses, maintain and pay for the child’s health and dental insurance, pay $5,000 monthly child support, pay $2,600 for expenses in setting up a nursery for the child, and pay appellant’s attorney fees and costs.

Thereafter, the court granted respondent’s motion to vacate the default and orders resulting therefrom, and in July 1992 the parties stipulated to a judgment which provided, in relevant part, that respondent was to pay $5,000 per month child support, and to maintain health and dental insurance through his employment. The judgment recites that respondent, a major league baseball player, stipulates to his ability to pay reasonable child support, and contains a finding by the court that $5,000 per month was sufficient to cover the child’s reasonable needs and expenses.

In September 1994 respondent sought to reduce his child support obligation on the ground that as a result of the major league baseball strike, his monthly income for September and October 1994 was $10,000, a reduction of $270,000. His attorney’s declaration stated that respondent was in the last year of a $3.5 million contract which was due to expire in October 1994, after which he would have no further income, unless re-signed or hired by a new team. It also stated that due to respondent’s support obligation for three minor children, it was necessary to modify his child support obligation. In November 1994 appellant moved to modify the stipulated judgment to provide guideline support. The court heard both motions on the same date. Its December 1994 order directed that effective January 1, 1995, monthly child support would be decreased from $5,000 to $4,000, and respondent was to deposit $500 per month into a trust for the child’s education and pay appellant $7,000 in attorney fees. The matter was set for a review hearing in March 1995 or earlier if respondent obtained a new baseball contract.

In March 1995 respondent signed a contract with a Japanese baseball team for an annual base salary of $3 million, a $900,000 signing bonus and other incentives. Following a review hearing, the court’s May 30, 1995, order restored the original, stipulated amount of $5,000 monthly child support as of January 1, 1995. The court found that due to the benefits respondent obtained from his new contract he had suffered no irreparable reduction in his income stream, and was ordered to pay appellant $5,000, representing the shortfall accruing from January through May 1995, when his monthly child support obligation was $4,000. Respondent was also ordered to continue to deposit $500 monthly into a trust account for the child’s education, and to procure life insurance on his life naming the child as the primary beneficiary. The court found that the support order met the reasonable needs of the child, and denied appellant’s request for attorney fees beyond those awarded in December 1994. Appellant thereafter asked the court to “issue a Statement of Decision and/or Information required by Family Code [section] 4056” in support of its May 30, 1995, order. The court did not respond to this request.

Discussion

Preliminarily, we note that although appellant’s briefs discuss both the December 19, 1994, and the May 30, 1995, orders, her notice of appeal is from the May 1995 order. As to the December 1994 order this appeal is untimely and we are without jurisdiction to review it. (Cal. Rules of Court, rule 2) Consequently, our review is confined to the May 30, 1995, order.

I

Effective January 1, 1994, the Legislature adopted the Statewide Uniform Guideline for child support. (See § 4050 et seq.) There is a rebuttable presumption that the child support established by the guideline is the correct amount to be ordered. (§ 4057, subds. (a) & (b).) The presumption may be rebutted by evidence that application of the guideline “[W]ould be unjust or inappropriate . . . because one or more [specified] factors is found to be applicable . . . and the court states in writing or on the record the information required in subdivision (a) of [s]ection 4056.” (§ 4057, subd. (b).)

Appellant contends the court erred in failing to comply with section 4056, which requires that courts ordering child support differing from the guideline amount “[S]hall state, in writing or on the record, the following information . . . : [f] (1) The amount of support that would have been ordered under the guideline formula. [H (2) The reasons the amount of support ordered differs from the guideline formula amount. [