In re Marriage of Serna

In In re Marriage of Serna (2000) 85 Cal.App.4th 482, Raul and Joanell Serna divorced in 1991 after a 26-year marriage. Raul was ordered to pay $ 520 a month in spousal support. Raul lost his job in 1996 and petitioned for a reduction. The court reduced the amount to $ 400 a month in 1998. At that time, Raul argued the award was too high, since the court specifically considered Joanell's support of two of the couple's four adult children. Two years later, husband again petitioned for a reduction in support on the grounds that one of the adult children was getting married, worked at a local hospital and would be moving and the other adult child had already moved out and was working as a waitress. Joanell stated she often sent the waitress money and she included the hospital worker and her two young children in her income and expense declaration. Raul and Joanell made approximately the same salary, and Raul was working two jobs. The trial judge refused to reduce the support payments. The Serna court held it was a clear abuse of discretion to predicate an award of support on the needs of a spouse, which included subsidies for adult children's living expenses. Serna explained that three cases often cited in favor of allowing adult-child expenses in a support award, In re Marriage of Epstein (1979) 24 Cal.3d 76, In re Marriage of Kelley (1976) 64 Cal. App. 3d 82, and Hall v. Hall (1954) 42 Cal.2d 435, did not address the issue of mandatory support for the college education of an adult child. (In re Serna, supra, 85 Cal.App.4th at pp. 488-489.) The other two cases that addressed the issue, In re Marriage of Siegel (1972) 26 Cal. App. 3d 88, and In re Marriage of Paul (1985) 173 Cal. App. 3d 913, either did not cite to any authority, or they cited to the Epstein/Kelley/Hall cases to support the consideration of adult-child expenses in setting an award of spousal support. The Serna court finally noted these cases were flawed in that they allowed for a circumvention of a decision made by the Legislature, that child support ends at age 19 at the latest, absent incapacity to earn a living.