In re Marriage of Reese

In In re Marriage of Reese (1977) 73 Cal.App.3d 120, the court applied the rule to child support. Husband, a musician, was averaging only $ 250 a month and the court noted that there was no evidence to show that he was seeking to avoid his family responsibility. Evidence disclosed that his earning power was limited by economic problems facing the entertainment field at that time. The award of $ 195 per month child support from an average salary of $ 250 per month was held to be an abuse of discretion without a showing that he was intentionally trying to avoid his family responsibilities.