Marriage of Smith CA2/5

Filed 9/10/13 Marriage of Smith CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

In re Marriage of JAMES and KATHLEEN B240448 SMITH. (Los Angeles County Super. Ct. No. GD020070)

JAMES W.P. SMITH,

Respondent,

v.

KATHLEEN SMITH,

Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Dianna Gould-Saltman, Judge. Affirmed. Kathleen Smith, in pro. per., for Appellant. No appearance for Respondent.

I. INTRODUCTION

Kathleen Smith, appeals from a November 15, 2011 order terminating jurisdiction over spousal support subsequent to receiving a lump sum payment by her former spouse, James W.P. Smith. Ms. Smith argues the trial court abused its discretion in terminating spousal support jurisdiction. We affirm the order.

II. BACKGROUND

The Smiths were married for over 18 years before their divorce. After judgment of dissolution was filed on May 21, 1998, the parties filed several motions for modification of spousal support. On June 3, 2010, Ms. Smith filed a motion to modify spousal support seeking an increase in the award amount. On December 7, 2010, the trial court modified the spousal support because of Mr. Smith‟s increased earnings. Spousal support was increased from $700 to $1,000 per month retroactive to June 15, 2010. Ms. Smith was advised she was expected to become self-supporting in a reasonable period of time. On May 17, 2011, the trial court decreased spousal support from $1,000 to $700 per month effective June 1, 2011. On September 14, 2011, Mr. Smith filed an order to show cause to modify or terminate spousal support. Mr. Smith requested termination of spousal support based on changed circumstances. Mr. Smith stated he was laid off by his employer on August 5, 2011 and had been unable to find employment. Mr. Smith asserted he was unlikely to find employment given his age, his health and the economy. At the time, Mr. Smith was 63 years old. Mr. Smith‟s income and expense declaration showed his gross monthly salary was $4,528 before he became unemployed on August 5, 2011. His monthly expenses were $1,876, not including $500 monthly installment payments for his car. His assets included $4,301 in bank accounts and $79,000 in personal property. Mr. Smith received $450 per week in unemployment benefits from the state employment development department beginning on August 21, 2011.