Marriage of Burmester CA2/6

Filed 5/16/16 Marriage of Burmester CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re Marriage of SUZANNE and 2d Civil No. B258588 WILLIAM BURMESTER. (Super. Ct. No. SD019972) (Ventura County)

SUZANNE BURMESTER,

Respondent,

v.

WILLIAM BURMESTER,

Appellant;

VENTURA COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES,

Respondent.

William Burmester appeals orders of the family law court determining child support arrears of $97,410.80, among other orders. We affirm. FACTUAL AND PROCEDURAL HISTORY On September 1, 1999, the family law court entered a judgment dissolving the marriage of William and Suzanne Burmester.1 The judgment incorporated a marital

1 We refer to the Burmesters by their first names, not from disrespect, but to ease the reader's task.

settlement agreement executed by the parties in June 1999. The judgment provided that William pay Suzanne $803 in monthly child support commencing September 1, 1998, for their two minor children. It also stated that the support obligation included $368 base support and $435 daycare allowance. Thus, section X of the martial settlement agreement provided: "A. Husband shall pay to Wife for the support of the parties' minor children the sum of $803.00 per month, commencing September 1, 1998, payable one-half on the first and fifteenth days of each month and continuing until further order of the court, or until termination of law . . . . Child support shall continue as set forth above and extend as to any unmarried child who has attained the age of eighteen or nineteen, if still in high school and resides with a parent . . . . [¶] B. Such support amount includes both day care reimbursement in the amount of $435.00 and child support in the amount of $368.00 for a total of $803.00 per month and is based upon the figures represented in the attached Dissomaster." (No Dissomaster report was attached.) From 1998 to 2013, William made child support payments totaling $48,294.50. The payments varied, from $900 monthly to $100 monthly and amounts in-between. From September 1998 through November 2002, William made monthly payments between $700 and $800, with a few exceptions. From December 2002 through February 2010, nearly all payments were $400 monthly. Thereafter, payments varied between $50 and $200. In 2013, William became disabled and unemployed, and required surgery and rehabilitation. Suzanne also became unemployed in 2013 and, through the Ventura County Department of Child Support Services ("Department"), sought to collect the child support arrears. (Fam. Code, §§ 17000, subd. (h), 17400, subd. (a).)2 "[F]or a long time," Suzanne had incurred daycare expenses, after-school expenses, and transportation expenses after school for the two children. William believed that Suzanne did not incur