Marriage of Parker and Carpenter CA1/5

Filed 8/7/14 Marriage of Parker and Carpenter CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

In re the Marriage of DARREN PARKER and NATALIE CARPENTER.

DARREN PARKER, Appellant, A139315 v. (Marin County NATALIE CARPENTER, Super. Ct. No. FL1105350) Respondent.

Appellant Darren Parker appeals from an order in this dissolution action imputing a minimum wage earning capacity to him for purposes of calculating child support. We affirm.

BACKGROUND In 2011, Parker filed a petition to dissolve his marriage with respondent Natalie Carpenter. The parties have one minor son. In 2012, pursuant to a stipulation regarding certain issues, Carpenter was awarded sole physical custody of the minor with visitation rights awarded to Parker. The stipulation did not include any provision for child support. In 2013, Parker filed a request for, inter alia, joint physical custody and child support. He submitted an income and expense declaration stating he has worked as a self-employed “craftsman, boat-builder” for over 20 years, with a current average

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monthly income of $750. Parker is an immigrant, who came to this country on a temporary visa and then remained after its expiration. In a declaration accompanying his motion Parker stated, “Because of my immigration status I am unable to be an employee of an employer” but “I am optimistic that I will soon be able to begin making furniture to sell and that I’ll be able to create a business that will support me and my son.” As Carpenter’s monthly income was substantially higher than Parker’s, Parker requested she pay him child support. Carpenter argued the trial court should impute to Parker income of $65 per hour for at least 25 hours per week. In support of this imputed income, Carpenter submitted a 2011 income and expense declaration signed by Parker, which stated he worked 40 hours per week and was paid $65 per hour. The 2011 declaration also listed Parker’s then- current average monthly income as zero, stating he had worked for over a year on Carpenter’s house without compensation. The trial court awarded Parker 15 percent physical custody of the minor. The court imputed “a minimum wage earning capacity” to Parker that resulted in a guideline child support payment of $54 per month from Carpenter to Parker. This appeal followed.1