Marriage of McCallon CA4/3

INTRODUCTION

The judgment dissolving the marriage of Bonnie McCallon and Mark McCallon1 ordered Mark to pay Bonnie $1,100 per month in spousal support, with no termination date specified. Almost nine years after the judgment was entered, Mark requested the trial court to terminate his spousal support payments. After an evidentiary hearing, the court granted Mark’s request. Bonnie appeals. We conclude the trial court had the jurisdiction to modify the spousal support obligation, but that it abused its discretion in reducing the payment to zero. We agree with and follow In re Marriage of West (2007) 152 Cal.App.4th 240. We therefore reverse the trial court’s postjudgment order.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

Bonnie and Mark married in October 1981, and separated in September 2002. They entered into a marital settlement agreement (MSA), and the trial court entered a judgment in March 2003, pursuant to the terms of the MSA. Bonnie and Mark agreed that Mark would pay spousal support to Bonnie in the amount of $1,100 per month, “until [Bonnie]’s remarriage, either party’s death, or further order of the Court.” Additionally, the parties agreed that Bonnie would receive full…