In re: Marriage of Brewster and ClevengerAnnotate this Case
The parties were married for 21 years before seeking dissolution. Both are physicians; they met in medical school. The trial court denied Wife’s request for spousal support orders because she suffered criminal convictions for acts of domestic violence against Husband and had not overcome the rebuttable presumption set forth in Family Code section 43251 against an award of support to a spouse convicted of domestic violence. The court of appeal affirmed, finding substantial evidence to support the trial court’s factual determinations, The court also upheld the characterization of post-separation payments Husband made to Wife by depositing $10,000 into a joint account for Wife’s use in lieu of temporary spousal support, pursuant to the agreement of the parties. The court of appeal rejected an argument that the trial court did not have jurisdiction over temporary spousal support at the time of the trial and did not have jurisdiction to make retroactive orders and that the trial court erred when it found the deposits taxable to Wife and deductible by Husband.