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In re Thomas2/13/2003
tallments of $350. It is clear from this record that the court considered husband's current financial situation, his ability to pay, and the financial burden the award would place upon him, to the extent husband presented evidence of such.
Finally, husband has failed to meet his burden of establishing the award constitutes an unreasonable financial burden. In Petropoulos, supra, 91 Cal.App.4th 161, a wife appealed a section 271 sanctions award on the grounds, among others, the trial court failed to consider whether the sanctions imposed an unreasonable financial burden on her. (Id. at p. 177.) The appellate court found no error, reasoning that the wife was awarded real properties worth more than $500,000 in the parties' 1996 marital property division from which she enjoyed capital gains over the ensuing years, and received income from rental properties, part-time work and spousal support. (Id. at p. 180.) The court found no suggestion that the trial court had disregarded the evidence of the wife's ability to pay. (Ibid.)
Here, the record established that, in addition to his income, the judgment of dissolution awarded husband personal injury proceeds in the amount of $17,224, plus $36,000 as an equalizing payment from wife's refinance of the family residence (which residence the judgment awarded to wife). In addition, husband received approximately $5,000 as his portion of the proceeds from the cash-out of the life insurance policies. Under these circumstances, husband has failed to establish the award, payable in monthly installments, placed an unreasonable financial burden on him.
Moreover, apart from whether the trial court erred in not considering husband's untimely opposition to the motion, we are not persuaded that, had the trial court done so, it would have or should have ruled differently. Husband's generalized averment that he was doing less well financially than he had been in 2000 was not sufficient to meet his burden of proving the award placed an unreasonable financial burden upon him.
DISPOSITION
The judgment is affirmed. Each party shall bear their own costs on appeal.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
We concur:
COOPER, P.J.
BOLAND, J.
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