Marriage of SmithAnnotate this Case
This appeal stemmed from a trial court's order that appellant Kierstin Smith pay $124,352 to claimant-respondent Cindy Smith, and $151,967, subject to a specified offset, to respondent Mark Smith. Kierstin argued that the trial court erred by combining cost shifting pursuant to Family Code section 2030 with sanctions pursuant to Family Code section 271, making no explicit differentiation between sums awarded pursuant to each statute. She further argued that the trial court abused its discretion in making an award under either statute. Mark and Kierstin divorced in 2002, but they have remained engaged in litigation regarding child custody and support, which has expanded to involve Cindy, Mark's current wife. The most recent proceedings began in December 2008, when Mark applied for a post-judgment modification of child support, attorney fees, and sanctions, and also included consideration of Mark's January 2010 application seeking a change in child custody, and Kierstin's August 2012 application for a modification of child support. Finding no reversible error in the trial court's order, the Court of Appeal affirmed.