In Re Marriage of Crobarger

Opinion

MITCHELL, J.

*

Benjamin M. B. Crobarger appeals an order (1) failing to terminate spousal support to Ruth Maxine Crobarger, (2) modifying spousal support, and (3) ordering payment of arrearages and attorney’s fees.

Facts

On July 20, 1972, the court ordered Benjamin to pay spousal support to Ruth in the sum of $600 per month. The marriage was of 24 years in duration. Benjamin was employed in the merchant marine and Ruth was a homemaker. On December 6, 1984, Ruth filed her notice of motion for wage assignment and arrearages. On January 18, 1985, Benjamin filed his order to show cause and request for termination of the existing spousal support order. After hearing, the court ordered Benjamin to pay all arrearages ($2,400) at the rate of $200 per month for 12 months, and to pay Ruth’s attorney’s fees in the amount of $400. The court also modified the preexisting support order to a monthly payment to Ruth of $400.

[58]

Benjamin, now age 66 and retired, had a net monthly income of $1,322.72 in 1972, and presently receives net retirement income of $1,468.70 per month. He claims he is not physically capable of returning to his previous employment. Ruth, age 61, is employed as a food preparer, has a net monthly income of $609.41, and anticipates no income after retirement other than social security. Benjamin claims savings of approximately $5,000. Ruth retains and resides in the former family residence. Both parties claim monthly expenses in excess of income.

Discussion

The issues on appeal are whether the trial court abused its discretion in failing to terminate the existing spousal support order and by further ordering Benjamin to pay Ruth’s attorney’s fees. Benjamin failed to discuss the issue of arrearages on appeal and we will assume the issue has been abandoned. We conclude there was no abuse of discretion.

As to attorney’s fees, in bringing the motion Ruth was attempting to enforce an existing order for spousal support and to obtain the arrearages owed. Civil Code