Marriage of McKarus CA2/6

DISCUSSION

The trial court may modify a spousal support order when there is a material change of circumstances. (Fam. Code, § 3651.) Douglas's retirement constituted a material change of circumstances. Whether a modification of a spousal support order is warranted depends upon the facts and circumstances of each case. We will not disturb the trial court's determination unless an abuse of discretion is shown. (In re Marriage of Olson (1993) 14 Cal.App.4th 1, 7.) The trial court abuses its discretion if, considering all the relevant circumstances, the court has exceeded the bounds of reason or it can fairly be said that no judge would reasonably make the same order under the same circumstances. (Ibid.) In determining the amount of support, the trial court was required to consider the supporting spouse's ability to pay in light of "earned and unearned income." (Fam. Code, § 4320, subd. (c).) Douglas receives monthly income that includes both interest income ($10,350) and principal payments ($4,900) from annuities. "The existence and not the source of sums of money . . . is the relevant factor." (In re Marriage of Olson, supra, 14 Cal.App.4th 1, 10.) A court may…