In Re Marriage of Brown

—Husband and wife were married for approximately twenty-five and one-half years before separating on February 23,1979. When the parties separated, husband was employed as an architect and civil engineer by the Department of the Army Corps of Engineers at a salary of $36,228 per year; wife worked for the City of Rohnert Park, California, as a senior accountant, earning approximately $17,400 per year.

According to the terms of the dissolution judgment entered on October 22, 1979, husband was ordered to pay wife spousal support of $350 per month “until death of either party, two years after the remarriage of [wife], or further order of the court, whichever event occurs first.” When husband failed to pay spousal support as ordered, the court directed the District Attorney of Sonoma County to “obtain and enforce all orders for support....” Husband was found to be in arrears and a wage assignment was ordered.

Husband first sought modification of the spousal support order in July of 1981, citing as supporting reasons an increase in expenses due to his remarriage and purchase of a new residence following job relocation, and decreased need by wife for support. Husband’s request…