In Re Marriage of Dacumos

[152]

Opinion

MORRISON, J.

Eduardo Dacumos appeals from a judgment awarding child support and attorney fees to his ex-wife, Hilda Dacumos. Eduardo contends the trial court abused its discretion in imputing rental income to determine his income, including the entirety of his 401 (k) plan distributions in determining his income, in excluding Hilda’s second job from her income, and in awarding Hilda attorney fees. We affirm.

Factual and Procedural Background

Hilda and Eduardo were married in 1989 and had a son the following year. They separated March 4, 1991. A judgment of dissolution was entered in 1992, with jurisdiction reserved on other issues, including child support.

In 1996, Hilda moved for an order for child support. She declared that Eduardo had paid $650 a month child support when they separated. He had decreased the support without explanation and was now paying only $350 a month.

In response, Eduardo explained that he had been laid off from his job as an engineer and had been plagued with health problems. He had been diagnosed with a panic disorder that limited his ability to work. He was currently working part-time for a law office and was unable to obtain employment in the engineering field. He had depleted funds in his retirement plan to meet his financial obligations. He was able to pay only $350 a month in child support. His income and expense declaration indicated he had income of just over $2,000 a month. This income included a rental property in South San Francisco, which had been rented for $1,000 a month, but after a vacancy was rented for $500 or $750 a month. The rent exceeded expenses by only about $1,000 a year.

Eduardo was ordered to pay $400 a month in child support, plus $76 a month for tuition. The order was based on Hilda’s monthly wages of $5,349 and Eduardo’s income from self-employment of $2,013 and other income of $234 a month.

In 1998, Hilda filed an at-issue memorandum. Hilda requested the $400 a month child support be continued and that the court determine there was an arrearage of $7,616. Hilda’s income and expense declaration showed she had two jobs in 1997. She worked full-time as a nurse at Kaiser Permanente for $67,423.62 a year, and had a part-time job at Methodist Hospital from which she received $5,599.87. She listed as community assets, real property located