Zywiciel

Zywiciel v. Zywiciel

Good Law
83 Cal. App. 4th 1072
Court of Appeal of CaliforniaSeptember 26, 2000No. G022117California1,784 words

Opinion

Lead Opinion

Bedsworth, J.

Philip A. Zywiciel appeals from an order that awarded Susan A. Zywiciel permanent spousal support of $500 per month, increased child support and modified his visitation rights. He argues there was insufficient evidence to award spousal support, and the award was based on a figure generated by a computer program instead of the judge’s weighing of the prescribed statutory factors. We find ourselves forced to agree with him, and reverse.

Philip and Susan Zywiciel were divorced after a 19-year marriage. The judgment of dissolution incorporated the Zywiciel’s marital termination *1080 agreement, which did not include spousal support but instead provided that the court reserved jurisdiction on the issue. Susan received primary physical custody of their two minor daughters and Philip visitation rights, although the parents shared legal custody. Philip agreed to pay child support until each daughter reached the age of majority.

Six years later, Susan moved for spousal support, additional child support for the one child still living at home, and clarification of visitation rights. Her moving papers consisted of a form application for an order and a supporting declaration. In…

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