Bank Records Showed Husband Had Monthly Non-Taxable Income of $62,896.86
In Marriage of Gu and Gao, Case Nos. B290406 and B292480 (2d Dist., Div. 1 October 28, 2019) (unpublished), couple met in Hong Kong and began living together in 2015, coming to the United States in 2016 when husband sought political asylum. They settled in California in April 2016, had twin daughters a month later, then married in December 2016. Four months later, husband filed for divorce. He was arrested the same day on suspicion of domestic violence.
During their time together, the couple had enjoyed an “extremely extravagant and affluent lifestyle” paid for entirely by husband. Wife did not work and had few assets.
When wife requested temporary spousal support, child support, and a needs-based attorney’s fees award, husband claimed he had no income. He provided a 5-month period of bank statements showing deposits that averaged only $773.12 per month. However, evidence provided by wife showed husband owned numerous businesses, had recently sold $4.1 million in stock, and had deposited a total of $754,762.32 into the couple’s joint checking account in the year preceding his dissolution petition. After reviewing the evidence and hearing testimony from husband and wife, the trial court found that husband had complete and total access to money up until he petitioned for dissolution. Husband was ordered to pay monthly temporary support of $13,356 in child support and $8,000 in spousal support, and $48,000 in needs-based attorney’s fees. Husband appealed.
Husband argued that the trial court should have calculated support based on the 5-month period of bank statements showing deposits of only $773.12 per month. The 2/1 DCA disagreed – citing In re Marriage of Riddle (2005) 125 Cal.App.4th 1075, 1083 [“It is a manifest abuse of discretion to take so small a sliver of time to figure income [for support orders] that the determination essentially becomes arbitrary”] – and found no abuse of discretion in the trial court’s orders.
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