Marriage of Shattuck and Moss CA2/2

Filed 9/20/16 Marriage of Shattuck and Moss CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

In re Marriage of SHARI SHATTUCK and B265684 RONN MOSS.

SHARI SHATTUCK, (Los Angeles County Super. Ct. No. BD383731) Appellant,

v.

RONN MOSS,

Respondent.

APPEAL from an order of the Superior Court of Los Angeles County. Patrick A. Cathcart, Judge. Reversed and remanded for further proceedings.

Brauer Law Corporation, Laurel B. Brauer and Hogan W. Song for Appellant.

No appearance for Respondent.

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Appellant Shari Shattuck (Shattuck) challenges a postjudgment modification of child support order. She contends, inter alia, that the trial court erred in failing to consider the best interests of the child when it modified respondent Ronn Moss’s (Moss) child support payments from $2,500 per month to $555 per month. After reviewing the appellate record, Shattuck’s appellate brief, and the pertinent legal authority, it appears that the trial court overlooked this key factor when it granted Moss’s request for order of modification of child support. Accordingly, we reverse the trial court’s order and remand the matter for a redetermination of Moss’s support obligation consistent with the best interests of the child. FACTUAL AND PROCEDURAL BACKGROUND Shattuck and Moss married on January 1, 1990, and had two children, one born in 1994 and one born in 1998. Shattuck worked as an actress and then as a published author. Moss was a television actor on The Bold and the Beautiful (B&B). Stipulated Judgment The parties separated on January 1, 2002, and were divorced in 2006. According to the stipulated judgment, Moss was required to pay child support, $2,500 for each of the two children, and maintain medical insurance for the children’s benefit. Moss was also ordered to pay spousal support in the amount of $12,500 per month. The stipulated judgment was based upon circumstances as of October 31, 2003, which indicated that Shattuck’s gross monthly wages and salary were $3,410, her self-employment income was $1,323 per month, and she had other taxable income in the sum of $33 per month. Moss’s gross monthly wages and salary were $39,461, and he had other taxable income in the amount of $16,231 per month. Request for Order of Modification On August 15, 2014, Moss filed a request for order of modification of child support, seeking to reduce the amount of monthly child support payments for the one minor child. His request was based upon his representation that his income took a