Request for Order - Terminate Spousal Support; Request for Order - Enforcement of Spousal Support Arrears and Payment Plan
Denise Scoles (Wife) filed a Request for Order dated March 27, 2026, seeking enforcement of the March 19, 2026, Findings and Order After Hearing relating in spousal support arrears. Wife argues that Gregory Olson (Husband) has a history of partial or missed payments and seeks a further order from this Court for “immediate payment” or a structured payment plan.
Wife has confirmed that Husband has made a partial payment of $2,000, leaving a remainder of $3,300 in arrears.
Gregory Olson (Husband) filed a Request for Order on March 19, 2026, seeking modification or termination of spousal support. Husband’s supporting declaration states that he has consistently paid spousal support for 14 years, has filed for Ch. 7 bankruptcy, and is no longer able to pay spousal support. Husband further asserts that Wife has not made reasonable efforts to become self-supporting.
This Court directed that the parties file and serve a declaration addressing the Family Code section 4320 factors, encouraging the parties to use Form FL-157 for this purpose. The parties complied with this Court’s direction, providing detailed declarations addressing the section 4320 factors.
The Court first addresses the request for termination of spousal support and then turns to Wife’s request for an order enforcing payment of past spousal support in arrears.
SPOUSAL SUPPORT
Husband’s request for termination of spousal support requires the Court to first determine whether a material change of circumstances exists, and, if yes, to then consider the applicable Family Code section 4320 factors. In re Marriage of Minkin (2017) 11 Cal.App.5th 939, In re Marriage of Dietz (2009) 176 Cal.App.4th 387, Marriage of Sammut (1980) 103 Cal.App.3d 557, citing In re Marriage of Cobb (1977) 68 Cal.App.3d 855.
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Husband has offered evidence of a deteriorating financial profile and the filing of a Chapter 7 bankruptcy proceeding. As noted above, he has paid spousal support for a period of 14 years.
The fourteen Family Code § 4320 factors and their application to Petitioner’s RFO are:
a. The extent to which each party’s earning capacity will maintain the standard of living established during the marriage, taking into account (1) each party’s marketable skills and the time necessary to develop or acquire same, and (2) the extent to which a party’s earning capacity was impaired by unemployment during marriage to devote time to domestic duties.
Husband and Wife agree that the marital standard of living was comfortable and modest with periods of financial hardship, including a joint bankruptcy in 2009. Husband points to Wife’s marketable skills in bookkeeping and accounting and her prior experience during the marriage working in different corporate environments. Wife highlights her age and health condition as limiting her marketable skills and placement in the workforce.
b. The extent to which the supported party contributed to the supporting party’s attainment of education or a professional license.
None (no contribution). Wife highlights her contribution to Husband’s career advancement by introducing him to employment opportunities and caring for the children in their home, allowing Husband to focus on his career advancement.
c. The ability of the supporting party to pay spousal support, taking into account the supported party’s earning capacity, assets, and standard of living.
Husband outlines in his Income and Expense Declaration a range of financial obligations including mortgage and property tax expenses, consumer debt obligations, retirement loan obligations, student loan debt, household expenses and support obligations. Husband is in financial distress with substantial debt obligations. His current gross monthly income does not meet estimated monthly expenses.
d. The needs of each party based on the standard of living established during the marriage.
Wife’s current monthly income is approximately $2,000 a month. She has a mortgage of $1,097 per month and additional monthly living expenses of $1,1174. In the absence of spousal support, she is not currently able to meet monthly expenses.
Husband’s monthly gross income of $14,758, after payment of debt obligation, is not sufficient to meet his estimated monthly expenses.
e. The obligations and assets, including the separate property, of each party.
Each party holds a mortgage for their respective residences.
There are no other known material assets or obligations identified in the Income and Expense Declarations.
f. The duration of the marriage.
19 years, two months.
g. The ability of the supported party to engage in gainful employment without unduly interfering with the interest of dependent children in the custody of the party.
Both parents are able to work in their respective fields. Wife identifies a health condition that limits her mobility.
h. The age and health of the parties.
Both parties complain of health conditions that impose limits. Husband is 56. Wife is 57.
i. History of domestic violence.
Not applicable.
j. Immediate and specific tax consequences to each party.
None.
k. The balance of hardships to each party.
Both parties claim hardship. And both parties document significant financial distress. Husband is experiencing a recent Chapter 7 bankruptcy. Wife reports having to rely on public assistance and receiving food subsidies.
l. The goal that the supported party shall be self-supporting within a reasonable period of time.
Wife has received spousal support since October 24, 2012, close to 14 years. She possesses marketable skills. But has mobility and health issues that complicate her ability to work in certain environments.
m. Criminal conviction of an abusive spouse.
Not applicable.
n. Any other factors the court deems just and equitable.
None.
As noted above, Husband has paid spousal support of $1,500 a month since October 24, 2012. Based on the Court’s consideration of the Family Code section 4320 factors (above), the relative incomes and needs of Husband and Wife, Husband’s request to terminate spousal support to Respondent is GRANTED, effective November 1, 2026.
ENFORCEMENT OF SPOUSAL SUPPORT OWED
Husband is ordered to pay the amount of $3,300 in arrears. Husband is further directed to pay monthly spousal support through October 2026.
Subject to mutual agreement, the parties may agree to a payment plan. In no event shall there be outstanding payments owed after November 1, 2026.
As authorized by California Rules of Court, Rule 5.125, the Court shall prepare the formal Findings and Order After Hearing.
Parties must comply with Marin County Superior Court Local Rules, Rule 7.12(B), (C), which provide that if a party wants to present oral argument, the party must contact the Court at (415) 444-7046 and all opposing parties by 4:00 p.m. the court day preceding the scheduled hearing. Notice may be by telephone or in person to all other parties that argument is being requested (i.e., it is not necessary to speak with counsel or parties directly.) Unless the Court and all parties have been notified of a request to present oral argument, no oral argument will be permitted except by order of the Court. In the event no party requests oral argument in accordance with Rule 7.12(C), the tentative ruling shall become the order of the court.
IT IS ORDERED that evidentiary hearings shall be in-person in Department B. For routine appearances, the parties may access Department B for video conference via a link on the court website. Litigants in the virtual courtroom are required to leave the video screen on and wait for your case to be called.
FURTHER ORDERED that the parties are responsible for ensuring that they have a good connection and that they are available for the hearing. If the connection is inadequate, the Court may proceed with the hearing in the party’s absence.