Gomez v. Schu (In Re Schu)

Filed 12/6/16

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

In re Marriage of GENISE and 2d Civil No. B269831 DONN MICHAEL SCHU, JR. (Super. Ct. No. 1342880) (Santa Barbara County)

GENISE J. GOMEZ,

Appellant,

v.

DONN MICHAEL SCHU, JR.,

Respondent.

California’s so called “No Fault Divorce” law does not require a court to ignore evidence of fault when deciding spousal support. This is especially the case when the spouse seeking support is guilty of domestic violence. The trial court denied Gomez support under Family Code section 4320, subdivisions (i), (m), (n), and (k)1. We affirm.

All statutory references are to the Family Code unless 1

otherwise stated.

FACTS Donn Michael Schu and Genise Gomez were married in 1986. They have three adult children, Aaron, Ashley and Evan. Gomez stopped working when Ashley was born in 1990. Schu works in the oil industry. He earns at least as much as he did at the time of the parties’ separation. He has the ability to pay whatever spousal support the court may order. Schu has been paying Gomez $500 per month temporary spousal support. Between 1995 and 2001, Schu worked in Algeria. He would rotate between spending 28 days in Algeria and 28 days at home. S. was Aaron’s best friend and the brother of Ashley’s best friend. Gomez became sexually attracted to S. while he was still a child. On the weekends, underage children, including S., would gather at the parties’ home. Gomez would provide alcohol. Aaron and his friends would sometimes drink to the point of vomiting. Gomez created a sexual atmosphere in her home. She showed pornographic movies to Aaron and his friends. Gomez sometimes watched pornography with S. alone. Aaron began having sex with underage girls in the home. Gomez began having oral sex with S. when he was 12 years old. It progressed to intercourse and lasted until S. was in college. They would have sex on the weekends. It happened mostly in Gomez’s home and sometimes in a car. S. tried to end the relationship, but Gomez threatened to tell his friends and family. S. would plead and cry, but Gomez insisted on continuing the relationship. Gomez’s children did not know about her affair with S., but they had suspicions. One day Ashley came home unexpectedly. She saw S. dressed only in a towel and her mother in the shower. Aaron became concerned about his mother and S.