In Re Marriage of Sellers

[1009]

Opinion

RYLAARSDAM, Acting P. J.

Appellant Beth Ann Sellers appeals from a postjudgment order reducing spousal support. Among the several grounds raised, she attacks the court’s failure to issue a statement of decision after respondent, Michael F. Sellers, requested one. Husband contends there was no error because subsequent to his request, he filed a written waiver of a statement of decision, and the court deemed it waived. We agree with wife that the court was required to issue a statement of decision, and its failure to do so is reversible error.

FACTS

Since the opinion is limited to the failure to render a statement of decision, we recite only those facts necessary to resolve that issue. A judgment dissolving the parties’ almost 22-year marriage was filed in July 2001. It contained detailed provisions for spousal support and calendared a review hearing for one year later. The parties submitted income and expense declarations and briefs prior to the review hearing, and they both testified at the hearing held on September 9, 2002. Directly following the completion of testimony and before closing argument, husband’s counsel asked “for a statement of decision from the court regarding the court’s order,” and the court agreed, stating, “All right.”

The court ordered a modification of support. In announcing its decision from the bench, the court did not designate either party to prepare a statement of decision or a judgment. The closest it came was, just before reciting the order, to state to husband’s attorney, “you are writing the order.” Neither party has argued this was a designation to prepare a statement of decision, and we do not consider it one.

On October 2, wife filed and served a “Request for Compliance With Request for Statement of Decision.” (Capitalization omitted.) Two days later, husband served proposed findings and a proposed order. Within a week, wife filed written objections. On October 22, husband filed a “[Wjaiver of Statement of Decision.” (Capitalization omitted.) In it, he asserted wife’s request for compliance was untimely, and that she waived the right to a statement of decision when she did not ask for one at the hearing. He requested the court deem the statement waived.