Marriage Of Stallworth

192 Cal. App. 3d 742 (1987)

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Nature of the Case

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Facts

H and W were married 14 1/2 years and had one son, Robert, born November 30, 1976. They separated in October 1983, and H filed for dissolution in February 1984. The family home was community property. The court found it had a fair market value of $138,250 with a loan balance of $ 16,000, for an equity of $122,250. Robert was under a psychiatrist's care, was in a special education program at school, and attended a private reading program at the school's recommendation. W testified she could not obtain equivalent housing in the same district for a comparable price. That cost was $238 per month for mortgage, taxes, and insurance. The court reduced H's family support obligation by $150 in light of the low house payments on the family residence. W presented no evidence regarding the costs of local homes. W claimed that Robert would be harmed by a move from the current house. W again presented no evidence. The court held that W and Robert would be permitted to live in the family home for until Robert was 18 (10 years) or W got remarried. W was to pay the mortgage, taxes, and cost to maintain the property, and H got a reduction in spousal support. H appealed.