Gruen

Gruen v. Gruen

Caution
120 Cal. Rptr. 3d 184·191 Cal. App. 4th 627
Court of Appeal of CaliforniaJanuary 4, 2011No. D055950California5,086 words

Opinion

Lead Opinion

McConnell, J.

*631 Opinion

In this dissolution action, we hold the family court exceeded its jurisdiction by modifying a pendente lite child and spousal support order in favor of the wife. The Legislature expressly intends that temporary support orders may not be modified retroactively. Further, the prospective modification of the order was improper because there was no pending order to show cause (OSC) or motion for modification as required. We reverse certain orders with directions.

FACTUAL AND PROCEDURAL BACKGROUND

Deborah Goodman Gruen and Arthur Lawrence Gruen married in February 1989. 1 In August 2007 Deborah filed an action for legal separation, and for an OSC for child and spousal support. At the time, the parties’ four children were between 10 and 16 years of age.

Arthur is a physician and the owner of several medical services businesses. Deborah obtained a medical degree in 1987, but she did not complete her residency. She obtained a Ph.D. in epidemiology in 1993, and she was previously employed part time by the University of California, San Diego, as a research professor. In 2004 she became a stay-at-home mother.

The parties had a high standard of living during the marriage.…

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