Marriage of Schwing
Hans F. Schwing appeals from an order denying his motion to modify/terminate spousal support based on the allegation that his ex-wife/respondent, Mary C. Schwing, is living with a female person. Appellant claimed that Family Code section 4323, a burden-shifting presumption on the need for support, applied but failed to make a threshold showing of cohabitation to trigger the presumption. Because this is a judgment roll appeal, we presume that ample evidence was presented to support the judgment and affirm. (See 9 Witkin, Cal. Procedure (4th ed. 1997) Appeal, 354, p. 402; Ehrler v. Ehler (1981) 126 Cal.App.3d 147, 154.) Court also point out that the record on appeal, designated by appellant, does not include the moving or responsive papers.
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