Marriage of Beury & Olson CA4/1

Filed 7/24/25 Marriage of Beury & Olson CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re the Marriage of DONALD D. BEURY and SABRINA L. OLSON. D084717 DONALD D. BEURY,

Appellant, (Super. Ct. No. D556786)

v.

SABRINA L. OLSON,

Respondent.

APPEAL from an order of the Superior Court of San Diego County, Christopher S. Morris, Judge. Affirmed. Donald D. Beury, in pro. per., for Appellant. No appearance for Respondent. Self-represented litigant and appellant Donald D. Beury moved the family court for an order to terminate the garnishment of his social security payments to satisfy spousal support arrears to his former spouse, Sabrina L. Olson. He contended in his moving papers that he had paid the debt in full: “Olson filed a writ for garnishment in January 2018. The first garnishment

was taken from Beury’s social security in March 2018. The court finally ended Beury’s obligation in August 2021[,] at a total obligation of $64,020. Since May 2022[,] Beury has been garnished at a rate of $250 per month. To date Beury has paid $72,750.” Following a hearing at which the parties testified, the family court denied Beury’s request to set aside spousal support based on fraud or perjury, stating in its findings and order after hearing: “Court reviews records and finds the court order in which [Beury] owed $35,417 in arrearages with spousal support set at $1,000 per month and on [April 14, 2022,] spousal support was set at $0 retroactive to [September 1, 2021,] and arrears set at $250 per month. The total amount owed by [Beury] on [February 5, 2020,] to today is $53,417. According to [r]espondent, [Beury] paid $1,500 from [February 5, 2020,] to June 2020 for a credit of $27,000 against the $53,417. Respondent also testified [Beury] paid $250 monthly from June 2022 to today for a credit of $6,000 resulting in a total credit of $23,000. [Beury] owes an outstanding arrears of $20,417 payable at the rate of $250 per month until paid in full. Court adopts the [April 14, 2022] order from Judge Pippins and finds that [Beury] does not have the ability to pay more than $250 per month.” On appeal, Beury contends the family court: (1) refused to consider proof of certain payments he made in 2018; (2) ignored the evidence he presented and accepted Olson’s representations; and (3) declined to act as a court of equity and apply the law so as to calculate the total payments fully and fairly. He requests that this court “terminate the garnishment.” We affirm.