Marriage of Strockis

Filed 3/27/06 Marriage of Strockis CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

APPEAL from a judgment of the Superior Court of Los Angeles County, Rolf M. Treu, Judge. Reversed and remanded.

James L. Keane for Appellant.

Honey Kessler Amado for Respondent.

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Petitioner Janice Strockis (Mother) appeals from certain portions of a dissolution judgment concerning custody and support. Mother contends: (1) the child custody order was impermissibly based on her religious beliefs; (2) the trial court should not have imputed income to her in determining child support, because it was not in the children's best interests and no substantial evidence supported the finding that she was qualified for the positions; (3) the spousal support award was not supported by specific findings on mandatory factors; and (4) an automatic step-down in spousal support after three months was not supported by the evidence. We reverse the child and spousal support orders and remand to the trial court for further findings.

FACTS AND PROCEDURAL BACKGROUND

Marriage

John Strockis (Father) is a manager with a commercial real estate firm. Mother has a bachelor's degree in business management with an emphasis in English from California Polytechnic University in Pomona. Mother and Father were married in September 1989. Mother worked full-time as a legal secretary for four years. The parties' son David was born in 1990. During this time, Mother also completed two years of a five-year law school program held in the evenings at the University of LaVerne. The parties' daughter Madeline was born in 1993. Mother ceased working full-time, but she managed a one-tenant property for the owner eight hours per month. In 1995, the family moved to Palos Verdes Peninsula. The parties' third child Paige was born in 1997, after which time Mother ceased working outside the home. David and Madeline excelled at local public schools ranked among the best in the state. Father coached David's Little League baseball team each year. The girls participated in horseback riding and dance. Mother was the children's primary caregiver during the week. Father left for work as early as 6:00 a.m. and returned at the end of the day as late as 7:30 p.m.

Mother joined the World Harvest Church in October 2000. The church is located 90 miles from Palos Verdes in Murietta, California. Father did not attend the church. Mother left the house every Sunday at approximately 7:30 a.m. If she attended only the morning services, she returned at approximately 3:30 p.m. If she attended both morning and evening services, she returned home at 10:00 p.m.

In August 2002, Mother told the children that they would be moving to Murietta in one week, but instructed them not to tell Father. On August 28, 2002, while Father was out of town on a business trip, Mother took the children, furniture, and clothing, and moved to an apartment that she had leased in Murietta. She enrolled the children in Calvary Chapel Christian School. After a marriage of 12 years and 10 months, Mother filed a petition for dissolution on September 3, 2002.

Father filed an order to show cause for return of the children, custody, and injunctive relief. On September 5, 2002, the trial court entered an ex parte order to return the children to Los Angeles County immediately. On October 15, 2002, the trial court entered temporary orders concerning custody and the parties' stipulation to a custody evaluation by Dr. Anthony Aloia. In October 2002, Mother filed an order to show cause for support and attorney fees. On January 22, 2003, the trial court entered a temporary support order stipulated to by the parties.

Custody Evaluation

After several interviews with Mother, Father, and the children, Dr. Aloia prepared a custody evaluation dated May 5, 2003. Dr. Aloia provided a thorough discussion of the information gathered in interviews. In conclusion, Dr. Aloia stated: â€