In RE MARRIAGE OF McCANN

Good Law
1996 Cal. App. LEXIS 12·41 Cal. App. 4th 978·48 Cal. Rptr. 2d 864·96 Daily Journal DAR 289·96 Cal. Daily Op. Serv. 209
Court of Appeal of CaliforniaJanuary 8, 1996G013966California1,526 words

Opinion

Opinion

Rylaarsdam, J.

Kathleen D. McCann (wife) appeals from an order reducing her monthly spousal support from $1,150 to $600. The primary question presented is whether the trial court erred by considering Raymond C. McCann’s (husband) increase in child support payments under the Statewide Uniform Guidelines (former Civ. Code, § 4720 et seq., now Fam. Code, § 4050 et seq.) as a factor supporting the reduction of spousal support.

Statement of Facts

During most of their 16-year marriage, husband served as an officer in the United States Army. His highest annual salary was slightly over $38,000. Wife worked sporadically during the marriage. The parties separated while living in Virginia. Thereafter, both moved to California, where they jointly purchased a residence using the proceeds from the sale of their Virginia home. Wife and the parties’ two children live in the residence. Both parties found jobs.

In November 1991, a judgment was entered dissolving the marriage. The judgment incorporated a marital settlement agreement (MSA) which, in part, awarded the family residence to wife, and required husband to pay $2,300 per month in support, one half was designated as child support and the other…

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