Marriage of Diener CA4/3

Filed 7/2/14 Marriage of Diener CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re Marriage of DONALD and BRIGITTE MAXWELL DIENER.

DONALD DIENER, G048928 Appellant, (Super. Ct. No. 11D006404) v. OPINION BRIGITTE MAXWELL DIENER,

Respondent.

Appeal from an order of the Superior Court of Orange County, Paula J. Coleman, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. Donald Diener in pro. per. for Appellant. No appearance for Respondent. No appearance for Intervenor Department of Child Support Services of Orange County.

Donald Diener appeals from the family law court’s order appointing an accountant pursuant to Evidence Code section 7301 to perform an analysis of his and his former wife Brigitte Maxwell Diener’s income available for child support. (To avoid confusion, we hereafter refer to the parties by their first names; In re Marriage of Smith (1990) 225 Cal.App.3d 469, 475, fn. 1.) Donald contends the order was unwarranted because his finances are not complicated and he cannot afford to pay for the evaluation. We conclude Donald has not demonstrated an abuse of discretion and affirm the order. FACTS AND PROCEDURE The record on appeal is sparse. There is no reporter’s transcript, and the clerk’s transcript is limited. In addition to the order on appeal, it includes Donald’s April 22, 2013, income and expense declaration showing he is the petitioner in this dissolution action. The income and expense declaration states the couple has two minor children and Donald has them 55 percent of the time; Donald has monthly social security income of $1,718; Donald claimed he had a $1,000 monthly loss from his business called “Master Linens” and monthly expenses of $2,255; and Donald estimates Brigitte has monthly income of $1,925. None of Donald’s five previous income and expense declarations nor any of Brigitte’s eight income and expense declarations are in the record on appeal. The docket report contained in the clerk’s transcript indicates the Department of Child Support Services of Orange County (DCSS) filed a motion for support modification on November 21, 2012. Neither that motion nor any request for financial records DCSS may have served on Donald and Brigitte are part of the record on appeal. The clerk’s transcript does however contain an April 29, 2013, minute