Coss v. Jones CA2/6

Filed 9/17/15 Coss v. Jones CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

PAUL DOUGLAS COSS, 2d Civil No. B259295 (Super. Ct. No. D340383) Plaintiff and Appellant, (Ventura County)

v.

CAROLYN JONES,

Defendant and Respondent.

Paul Douglas Coss, in propria persona, appeals a judgment entered concerning awards of child support and spousal support following dissolution of his marriage to Carolyn Jones. We affirm. FACTUAL AND PROCEDURAL HISTORY Coss and Jones married on June 26, 1987, and separated on August 1, 2010, concluding a 23-year marriage. At the time of separation, the couple had two minor children. During trial of support and property issues, however, one child became 18 years old. Sometime following the separation, the children refused to communicate or visit with Coss, and his "time-share" with the remaining minor child became "zero." At times from June 20, 2012, through April 16, 2014, the family law court held a trial regarding child support, spousal support, and division of community property, among other things. In his statement of decision, the family law judge described the trial as "disjointed and disorganized." He also stated that the parties were not prepared for

trial and submitted exhibits without evidentiary foundation. The judge commented: "Objections were made randomly. Some issues were revisited months after the court's rulings had been announced. In short, had this case had any semblance of organization or clarity, it would have required far less time in trial than it actually did." During the lengthy trial proceedings, Jones obtained part-time employment as a sales clerk for an hourly wage. The family law court thereafter imputed a monthly minimum-wage income of $1,387 to her, effective September 1, 2013. On February 1, 2014, Jones obtained full time employment at a monthly salary of $2,001, as set forth in her income and expense declaration filed on April 7, 2014. For many years, Coss had been employed by KABC-TV, a subsidiary of the Walt Disney Company. During trial, the family law court found that Coss earned $20,464 monthly, plus bonuses. On May 24, 2013, the court ordered Coss to pay $2,806 monthly child support, plus a specific percentage of any employment bonus, and $2,750 monthly spousal support. In September 2013, KABC-TV dismissed Coss from employment. The family law court later reviewed documentary evidence from Coss's employer reflecting that Coss received $252,587 as severance pay. The court then determined that the severance pay consisted of 12 months of Coss's previous salary. On August 4, 2014, the family law court filed a statement of decision awarding child support and spousal support to Jones retroactively from October 1, 2013, through September 1, 2014, and continuing. The court awarded differing amounts for portions of the 12-month period, depending upon whether there were one or two minor children; whether Jones had obtained full-time employment; whether the severance pay was depleted; and whether Coss received unemployment benefits. The court awarded $2,509 monthly child support (one child) and $3,000 spousal support for the period of February 1, 2014, through August 31, 2014. Effective September 1, 2014, and continuing until further court order, the court ordered Coss to pay $453 child support (from his unemployment benefits) and a jurisdiction amount of "zero" spousal support.