In Re Marriage of Shaughnessy

Opinion

AARON, J.

I.

INTRODUCTION

Michelle Shaughnessy (Michelle) appeals from a postjudgment order entered on April 14, 2005, modifying a 2003 judgment that required her former husband, C. Greg Shaughnessy (Greg), to pay her spousal support. Michelle and Greg were married for 15 years and had no children. At the time they separated in March 1995, Michelle was 35 years old. By 2005, Greg had been paying Michelle spousal support for nearly 10 years, supplementing her income as a self-employed florist. In the 2005 order modifying the judgment, the trial court ordered that the amount of spousal support be reduced from $2,000 per month to $1,000 per month beginning January 1, 2006, and that support terminate on June 30, 2006, unless Michelle demonstrates a compelling reason to extend the period of support.

[1231]

On appeal, Michelle claims the trial court abused its discretion in ordering that spousal support be reduced and then terminated. Specifically, Michelle contends that there has been no material change in circumstances since the issuance of the prior spousal support award that would justify a change in the support order, and that the evidence did not support the court’s finding that Michelle would be sufficiently self-supporting by the dates the court set for the reduction and termination of support. Michelle also claims that the trial court abused its discretion in ordering her support reduced and then terminated without first providing her with adequate warning of the court’s expectation that she become self-supporting.

We conclude that the trial court did not abuse its discretion in modifying the prior spousal support award, based on the following changed circumstances: Michelle failed to diligently seek to become self-supporting, as required by the terms of the prior spousal support award; Michelle was currently receiving $20,000 per year from her parents; and the trial court could now determine that Michelle’s benign tumor would not affect her ability to become self-supporting. We also conclude that the trial court did not abuse its discretion in finding that Michelle would be sufficiently self-supporting by the dates the court set for the reduction and termination of support. Finally, we conclude that the court provided Michelle with adequate notice of her obligation to attempt to become self-supporting. Accordingly, we affirm the order.