Eva Klein v. Daniel George Erman

Section 2030 “permits the trial court to order payment of attorney fees and costs as between the parties based upon their ‘ability to pay’ and their ‘respective incomes and needs’ in order to ‘ensure that each party has access to legal representation to preserve all of the party's rights.’ ” (In re Marriage of Rosen (2002) 105 Cal.App.4th 808, 829.) “[T]he purpose of section 2030 is not the redistribution of money from the greater income party to the lesser income party. Its purpose is parity: a fair hearing with two sides equally represented.

The idea is that both sides should have the opportunity to retain counsel, not just ... the party with greater financial strength.” (Alan S. v. Superior Court (2009) 172 Cal.App.4th 238, 251-252.) Mother is not without the means to hire counsel, but unless the parties are able to reach a settlement, the issues presented in this case could result in complex and protracted litigation, and Mother should have equal access to counsel for those proceedings. While Father complains that he should not have to pay for Mother’s requested evidentiary hearing on the putative spouse issue, it is Father who contends there is no valid marriage and therefore no quasi marital property or spousal support obligation.

Section 2030 requires the Court to consider “whether an award of attorney's fees and costs...is appropriate, whether there is a disparity in access to funds to retain counsel, and whether one party is able to pay for legal representation of both parties. If the findings demonstrate disparity in access and ability to pay, the court shall make an order awarding attorney's fees and costs.” Family Code section 2032 provides: “(a) The court may make an award of attorney's fees and costs under Section 2030 ... where the making of the award, and the amount of the award, are just and reasonable under the relative circumstances of the respective parties. [¶] (b) In determining what is just and reasonable under the relative circumstances, the court shall take into consideration the need for the award to enable each party, to the extent practical, to have sufficient financial resources to present the party's case adequately, taking into consideration, to

the extent relevant, the circumstances of the respective parties described in Section 4320 [the factors for determination of permanent spousal support].... Financial resources are only one factor for the court to consider in determining how to apportion the overall cost of the litigation equitably between the parties under their relative circumstances.”

In essence, the Court must weigh and balance a variety of factors and must consider more than just raw ability to pay. While Father is the party with more resources, Mother is not without means. The most recent information from both parties indicate they have already incurred around $35,000-40,000 each in fees and costs. Mother requests $55,000 to respond to significant discovery Father has propounded, conduct her own discovery and prepare for the evidentiary hearing. Mother’s request is supported by her counsel’s declaration. The Court awards Mother $35,000 in attorney fees payable directly to Mother’s current counsel, Kate Rockas, as follows: $15,000 by August 1, 2026 and the balance by October 1, 2026.

Child Support

The parties each provided numerous potential child support guideline calculations, each using a variety of assumptions and questionable or incomplete data. Two threshold issues are whether Father’s income should be calculated using his base salary or his estimated monthly salary and how to construe the income from the Alhambra settlement and associated expenses. Father asks that if his estimated monthly employment income is used for the calculation, there be a true-up in the event his annual employment income falls below the estimate. The Court accepts that approach for 2026 and uses his estimated W2 income of $15,709. For 2025, the Court takes the average of his actual W2 income for 2025, which is $17,001.

As for Father’s settlement income, the Court finds it is income available for support. However, it should be offset by the actual carrying costs of the Alhambra property, since that is the purpose of the income and Father must pay those costs without living there. Father’s income and expense declaration identifies $2,400 in mortgage costs, $1,500 in real property tax, $750 in homeowners’ insurance and $1,000 in maintenance and repair for a total monthly cost of $5,650. However, Father provides no corroboration for these numbers, and on its face monthly costs of $750 for insurance and $1,000 for maintenance are unreasonable and Court disallows those absent proof of those expenses. The Court will offset the settlement income by $4,900.

Since the support order includes 2025, and the parties’ income differed from 2025 to 2026, the Court is preparing two calculations, one for each year.

Husband’s 2025 inputs are:

Husband:

1. $17,001 in W2 income 2. $879 qualified dividend income 3. $2,279 non qualified dividend income 4. $1,296 in 401K contribution 5. $597 for health care premiums

6. $3,200 in property taxes 7. $1,200 in mortgage interest 8. $2,100 in additional income

His tax status is head of household with 2 exemptions. The parties should alternate, and Mother should claim head of household for 2026.

Mother’s calculations are inconsistent with her documents. Her estimates of uninsured medical expenses are uncorroborated and seem high at $1,200 per month for contact lens and unspecified medications. Her monthly 401K contributions also exceed the maximum amount allowable by law, and her stated interest income does not match the statements from her brokerage account.

Mother’s 2025 inputs are

1. $12,500 in W2 income. 2. $4,044 investment income a month 3. $492 in exempt interest dividends 4. $1,958 in 401K contribution 5. $1,200 in property taxes 6. $945 in mortgage interest 7. $250 in childcare expenses

Her tax status is single with 1 exemption. Mother claims substantial visitation costs, but according to both parents, Millie is with Mother Thursday after school to Monday morning. Mother takes Millie from San Francisco to Mill Valley once per week, and Father takes Millie to San Francisco once per week. Thus, they each bear similar transportation costs for tolls, fuel and mileage. The Court awards no additional transportation costs.

Using these inputs, guideline child support is $337 plus $136 in child care, payable from Father to Mother, plus 50% of addons, including: uninsured child medical expenses and extra-curricular activities agreed upon in advance. Effective April 3, 2025 through December 31, 2025 Huband shall pay to Wife the sum of $473 per month in child support plus add ons payable half on the first day of each month and half on the 15th day of each month, continuing until further order of this Court, or until the child involved marries, dies, is emancipated, reaches age 19, or reaches age 18 and is not a full-time high school student, whichever occurs first. 2026 inputs

Father’s 2026 inputs are:

1. $15,709 in W2 income 2. $3,155 in investment income 3. $2,100 in settlement income 4. $1,296 401k contribution 5. $597 health insurance 6. $3,200 property tax

7. $1,200 mortgage interest 8. $200 HSA contribution Father’s tax status is single with one exemption. Mother’s 2026 inputs are:

1. $11,673 in W2 income. 2. $4,044 investment income a month 3. $492 in exempt interest dividends 4. $2,041 in 401K contribution 5. $1,200 in property taxes 6. $945 in mortgage interest 7. $250 in childcare expenses

Mother’s tax status is head of household with two exemptions.

Using these inputs, guideline child support is $259 plus $133 in child care, payable from Father to Mother, plus 50% of addons, including: uninsured child medical expenses and extra-curricular activities agreed upon in advance. Effective January 1, 2026, Huband shall pay to Wife the sum of $392 per month in child support plus 50% of addons payable half on the first day of each month and half on the 15th day of each month, continuing until further order of this Court, or until the child involved marries, dies, is emancipated, reaches age 19, or reaches age 18 and is not a full-time high school student, whichever occurs first. Counsel for Mother to prepare the formal Findings and Order After Hearing.

f/0001799 k/ein v erman_2025.xsp Xspouse 2026-1-CA

2025 Guideline Summary Monthly Figures Fixed Shares Father Mother Monthly Figures Cash Flow Number of children 1 0 2025 Combined net spendable 29257 Percent time with NCP 0.00% 49.99% Father Filing status HH/MLA SINGLE Nets (adjusted) Payment cost/benefit -473 Number of exemptions 2 Wages and salary 17001 12500 Father 16028 Net spendable income 15555 Self employed income 0 0 Mother 13229 Federal income tax 3249 Other taxable income 5255 4044 Total 29257 Federal employment tax 1156 TANF CS received 0 0 Support State income tax 1022 Other nontaxable income 0 492 Addons 136 State employment tax 204 New spouse income 0 0 Guideln CS 337 Total taxes 5631 Employee 401-k contribution 1296 1958 Marin SS -0 Federal filing status HH/MLA Adjustments to income 0 0 Total 473 State filing status HH/MLA SS paid prev marriage 0 0 Mother CS paid prev marriage 0 0 Payment cost/benefit 473 Health insurance 597 0 Net spendable income 13702 Other medical expenses 0 0 Federal income tax 1904 Property tax expenses 3200 1200 Federal employment tax 956 Ded interest expense 1200 945 State income tax 797 Contribution deduction 0 0 State employment tax 150 Misc tax deductions 0 0 Total taxes 3807 Qualified business income deduction 0 0 Federal filing status SINGLE Required union dues 0 0 State filing status SINGLE Mandatory retirement 0 0 Hardship deduction 0 0 Other GDL deductions 0 0 Child care expenses 0 250

FC 4055 checking: ON Per Child Information DOB Timeshare cce(F) cce(M) Addons Payor Basic CS Payor Pres CS Payor All children 50 - 50 0 250 136 Father 337 Father 473 Father Millicent 2014-10-29 50 - 50 0 250 136 Father 337 Father 473 Father

Superior Court of California County of Marin

f/0001799 k/ein v erman_2026.xsp Xspouse 2026-1-CA

2026 Guideline Summary Monthly Figures Fixed Shares Father Mother Monthly Figures Cash Flow Number of children 1 0 2026 Combined net spendable 28571 Percent time with NCP 0.00% 49.99% Father Filing status SINGLE HH/MLA Nets (adjusted) Payment cost/benefit -392 Number of exemptions 2 Wages and salary 15709 11673 Father 15353 Net spendable income 14961 Self employed income 0 0 Mother 13218 Federal income tax 2880 Other taxable income 5267 4044 Total 28571 Federal employment tax 1156 TANF CS received 0 0 Support State income tax 994 Other nontaxable income 200 492 Addons 133 State employment tax 196 New spouse income 0 0 Guideln CS 259 Total taxes 5226 Employee 401-k contribution 1296 2041 Marin SS -0 Federal filing status SINGLE Adjustments to income 0 0 Total 392 State filing status SINGLE SS paid prev marriage 0 0 Mother CS paid prev marriage 0 0 Payment cost/benefit 392 Health insurance 597 0 Net spendable income 13610 Other medical expenses 0 0 Federal income tax 1409 Property tax expenses 3200 1200 Federal employment tax 893 Ded interest expense 1200 945 State income tax 538 Contribution deduction 0 0 State employment tax 152 Misc tax deductions 0 0 Total taxes 2992 Qualified business income deduction 0 0 Federal filing status HH/MLA Required union dues 0 0 State filing status HH/MLA Mandatory retirement 0 0 Hardship deduction 0 0 Other GDL deductions 0 0 Child care expenses 0 250

FC 4055 checking: ON Per Child Information DOB Timeshare cce(F) cce(M) Addons Payor Basic CS Payor Pres CS Payor All children 50 - 50 0 250 133 Father 259 Father 392 Father Millicent 2014-10-29 50 - 50 0 250 133 Father 259 Father 392 Father

Superior Court of California County of Marin