Marriage of Schultz

Filed 1/31/07  Marriage of Schultz CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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 ONE

            APPEAL from a judgment of the Superior Court of Los Angeles County, Scott M. Gordon, Temporary Judge.  (Pursuant to Cal. Const., art. VI, §  21.)  Affirmed.

            Brian G. Saylin for Appellant.

            Michael J. Kretzmer for Respondent.

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INTRODUCTION

            Manfred Schultz appeals from the order denying his request to modify spousal support payable to his former wife, Valerie Schultz.[1]  We affirm.

FACTS

            On May 20, 1992, the parties' marriage of 26 years was dissolved.  Among other things, Manfred was ordered to pay Valerie spousal support in the amount of $925 per month.[2]  Support payments were to continue until the death of either party, Valerie remarried or further order of the court.

            On December 13, 2000, Manfred filed an order to show cause in which he sought to terminate the May 20, 1992 spousal support order.  He declared that his salaried position would terminate on December 31 and that as of January 1, 2001, his monthly income would be $2,449 in retirement benefits.  In his accompanying income and expense declaration, Manfred stated that his current net monthly disposable income was $2,412.  Valerie thereafter provided documentation establishing that Manfred had voluntarily retired from his position.  Manfred was 62 years old at the time.[3]

            On April 4, 2001, the trial court entered a partial ruling on Manfred's order to show cause re termination of spousal support.  Specifically, the court ruled that Manfred's decision to retire at age 62 was not a change of circumstances that automatically justified the termination or reduction of spousal support.  The court noted that before it could alter the existing spousal support order, it had to consider the factors set forth in Family Code section 4320, including Manfred's capacity to earn.  The court continued:  â€