In Re Marriage of Maunder

Opinion

THE COURT.

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Gwendolyn Maunder appeals an order denying her request for an increase in spousal support (Civ. Code, § 4801, subd. (a)).

[572]

In an interlocutory judgment of dissolution, Gwendolyn was awarded, among other things, child and spousal support and a community property interest in Donald’s retirement pay from the Navy. She is able to garnish his service pension to obtain unpaid child and spousal support, for federal law provides: “Notwithstanding any other provision of law, effective January 1, 1975, moneys (the entitlement to which is based upon remuneration for employment) due from, or payable by, the United States (including any agency or instrumentality thereof and any wholly owned Federal corporation) to any individual, including members of the armed services, shall be subject, in like manner and to the same extent as if the United States were a private person, to legal process brought for the enforcement, against such individual of his legal obligations to provide child support or make alimony payments.” (42 U.S.C. § 659.) However, her counsel concedes there is no way the division of the community property can be enforced against the retirement program of the federal government at this time.

Gwendolyn therefore sought a modification of the interlocutory decree increasing her spousal support by the value of her community property interest in the pension, which she apparently cannot easily collect.

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She sought the modification because she is “reluctant to incur the expenses of litigating such a matter through the courts of the United States.” The trial court refused to modify the decree.

It is well settled the determination whether circumstances justify modification of an award of spousal support rests primarily in the discretion of the trial court, whose decision will not be disturbed on appeal unless an abuse of that discretion is established

(In re Marriage of Edwards,

52 Cal.App.3d 12, 15 [124 Cal.Rptr. 742];