Family Law Case Update


In re Marriage of Berman (2017) 15 Cal.App.5th 914, 223 Cal.Rptr.3d 604

In this case, the Second District Court of Appeal upheld the trial court’s order denying Husband’s request to terminate and/or further reduce spousal support. Husband claimed that he retired and transferred his business to his new Wife, thereby substantially reducing his income. The evidence showed that Husband’s business was still producing income and it was transferred to his new wife for no consideration. The trial court inferred from the evidence that Husband transferred the business in bad faith to claim a reduced income. The trial court imputed income to Husband based on the income produced from the business.

Husband appealed the decision on the grounds that the Trial Court abused its discretion by imputing income to him from the business that he transferred to his Wife. The Court of Appeal found no abuse of discretion by the Trial Court and affirmed its decision.

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