Marriage of Maher and StrawnAnnotate this Case
David Maher appealed the judgment of dissolution of his marriage with Laurie Strawn. He primarily contended there was insufficient evidence to impute income to him and to step down the spousal support he received. In determining Laurie’s ability to pay David support, the court took into account numerous circumstances, including that Laurie was spending about $3,000 per month for their adult son’s college expenses. The question this case posed was whether the court could properly consider that expense in determining her ability to pay spousal support. The trial court determined that the "better reasoned cases" indicate that the court has discretion to consider an adult child’s college expenses like any other expenditure of discretionary income. "The ultimate question in determining ability to pay is whether the expense is reasonable and will result in a just and equitable award of spousal support." The main argument to the contrary was that supporting an adult child reduces the supporting spouse’s available funds to pay spousal support. "The supported spouse, so the argument goes, is in effect being compelled to pay adult child support, which the law prohibits." The Court of Appeal found that both In re Marriage of Epstein 24 Cal.3d 76 (1979) and section Family Code 4320 compelled the conclusion that a trial court may appropriately consider a supporting spouse’s payment of adult children’s college expenses in determining ability to pay spousal support. With no reversible error, the Court affirmed the trial court's support order.