Marriage of Smith and Slosar CA2/6

Filed 2/15/22 Marriage of Smith and Slosar CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 JAMES 2d Civil No. B311440 SMITH and JENNIFER (Super. Ct. No. 17FLP-0065) SLOSAR. (San Luis Obispo County)

JAMES SMITH,

Respondent,

v.

JENNIFER SLOSAR,

Appellant.

Proceeding in propria persona, Jennifer Slosar (mother) appeals from an order modifying child and spousal support. She claims that the trial court abused its discretion in imputing to her annual income of $90,000. Respondent James Smith (father)

did not file a brief.1 Appellant has forfeited her claim because she did not raise the issue in the trial court. Accordingly, we affirm. Factual and Procedural Background In January 2018 a judgment was entered dissolving the parties’ 13-year marriage. In September 2018 a judgment on reserved issues was entered. The parties were granted joint custody of their two minor children. For the purpose of calculating child support, the parties stipulated that father has an annual earning capacity of $60,000. According to a DissoMaster report, Mother’s monthly earnings were $14,414. She was ordered to pay spousal support of $500 per month. Her monthly child support obligation was $868. Mother’s employment was terminated in September 2019. Since the termination, she has been unemployed. In October 2019 mother filed a request for an order modifying child and spousal support. At the close of an evidentiary hearing on mother’s request, the trial court said, “[I]t has heard . . . sufficient testimony to impute income to [father], but the court also feels [it has] sufficient information and evidence to impute income to [mother], as well.” The court imputed to mother annual income of $90,000. It imputed to father annual earnings of $50,000 plus other taxable income of $2,950 per month. The court found that mother’s guideline child support obligation is $21 per month. But because of the Covid pandemic, the court did not require mother