Marriage of Foscalina CA3

BACKGROUND

In December 2011, Joel filed a postjudgment motion for spousal support. In support of his motion, Joel filed a current income and expense declaration and argued there had been “several changes in circumstances” since his last motion for spousal support. Joel said he was unemployed, living in his car, and had no income. Joel also said he was on the “out-of-work list” with the carpenters‟ union and was getting financial support from his parents. In Joel‟s estimation, respondent Bridgett L. Foscalina, had a greater ability to earn money than he did based on her training and experience as an x-ray technician, and she was no longer supporting their adult son. At the hearing on Joel‟s motion, the trial court reminded the parties that the hearing on Joel‟s motion was set “only to give each party the opportunity to cross- examine on income and expense information.” The court also told Joel that the court was not required to take oral testimony but could, in its discretion, take the matter under submission based solely on the written evidence and arguments. Joel then proceeded to testify about his unsuccessful efforts to find employment. In response to the court‟s questioning,…