In Re The Marriage Of Kseniia Golubeva, And Evgeny Pistrak


CJ'OF APPEALS,DI I srATE OF WASHINGTON 2018JUL 23 AM 8:37 IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE In the Matter of the Marriage of ) No. 76373-3-1 ) KSENIIA GOLUBEVA, ) ) Respondent, ) ) and ) ) UNPUBLISHED OPINION EVGENY PISTRAK, ) ) FILED: July 23, 2018 Appellant. ) ) VERELLEN, J. —When the court dissolved Kseniia Golubeva and Evgeny Pistrak's marriage, it awarded Golubeva $8,000 for unpaid temporary maintenance. In challenging this judgment, Pistrak does not point to any specific factors or material evidence the court improperly disregarded. Pistrak fails to show the trial court abused its discretion when it entered judgment for the unpaid maintenance. And substantial evidence supports the court's finding of Pistrak's ability to pay because the court had evidence of Pistrak's income and debt obligations. The court also awarded Golubeva $20,000 in attorney fees and costs. The court did not enter specific findings supporting the time incurred or the hourly rate No. 76373-3-1/2 charged. Because the court did not enter adequate findings to explain the award of attorney fees and costs, we remand for additional findings. When the court held a hearing to issue its oral ruling, Pistrak indicated he could not understand the proceeding without an interpreter. In the findings, the court did not find it credible that Pistrak was unable to understand even the basic preliminary comments by the court. Pistrak fails to provide any basis for relief given the fact the court ended the hearing after he objected and entered the decree and findings in writing. Therefore, we affirm the judgment for unpaid temporary maintenance. As to the attorney fees award, we remand for further proceedings on the existing record consistent with this opinion. FACTS Pistrak and Golubeva were married on September 19, 2014. They separated on May 20, 2015. On November 16, 2015, the court ordered Pistrak to pay Golubeva $2,000 per month in temporary maintenance. Between November 2015 and 2016, Pistrak brought numerous motions to revoke or modify the temporary maintenance. Also during that time, the court held Pistrak in contempt multiple times for failing to pay. Trial occurred between November 7, 2016 and November 10, 2016. On November 18, 2016, the court held a hearing to issue its findings and conclusions. When Pistrak indicated he could not understand the proceeding without an interpreter, the court ended the hearing and later entered its written order. 2 No. 76373-3-1/3 In the dissolution decree and findings of fact and conclusions of law, the court awarded Golubeva $8,000 for unpaid temporary maintenance and $20,000 in attorney fees and costs. Pistrak appeals. ANALYSIS I. Temporary Maintenance Pistrak challenges the trial court's $8,000 judgment to Golubeva for unpaid temporary maintenance. As a threshold matter, Golubeva argues Pistrak failed to preserve this issue. In November 2015, Pistrak challenged Golubeva's original request for temporary maintenance. Between November 2015 and 2016, Pistrak brought numerous motions to revoke or modify the temporary maintenance. Also during that time, the court held Pistrak in contempt ...

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