Marriage of Jayaratne CA2/4

INTRODUCTION

In this marital dissolution action, Chaminda Jayaratne appeals from the trial court’s denial of his order to show cause (OSC) to modify the amount of child and spousal support he was ordered to pay to his wife Sudharshi Jayaratne. He contends the court erroneously found that there was no significant change of circumstances to justify modification without allowing him to introduce any evidence. We disagree and affirm the order denying the OSC.

FACTUAL AND PROCEDURAL BACKGROUND

Chaminda Jayaratne filed a petition for dissolution of his marriage to Sudharshi Jayaratne on September 15, 2010.1 He served the petition on Sudharshi on October 13, 2010.

I. Sudharshi’s OSC and the September 1, 2011 Hearing

In July 2011, Sudharshi filed an OSC regarding spousal and child support. The parties have one minor child. Sudharshi reported her income was $700 per month. Chaminda filed a responsive declaration and an income and expense declaration the following month. Chaminda indicated he had become unemployed in June 2011. His stated income consisted of $810 per month in unemployment benefits. He indicated he paid no rent or mortgage, and had a monthly payment on an…